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■■■■) I 






Frmii JANUARY to JUNE 1824. 















22 Jan; 

23 Jan; 

24 Jan.- 

26 Jan. 

27 Jan; 




11 Jan; Letter from Earl Bathurst to Lord Oharles Somerset « 1 

13 Jan; Letter from Lord Charles Somerset to R.- Wilmot, Esqre; . 1 

Enclosure concerning J. Z. Bergeon ... 2 

15 Jan; Letter from the Colonial Secretary to the Landdrost of 

Albany . 2 

,i Letter from the Rev; F.- Mc€leland to the Bishop of 

Waterford 4 

,i Letter from Lieutenant T. C. White to the Commissioners 

of Enquiry 5 

18 Jan; Letter from the Commissioners of Enquiry to lieutenant- 

Colonel Bird . . . . . . * 6 

19 Jan; Letter from Earl Bathurst to Lord Charles Somerset . 6 
„ Letter from the Commissi(&iers of Enquiry to Lieutenant- 
Colonel Bird 8 

a Letter from "Mx^ William Parker to B; Wilmot Horton, 

Esqre; 9 

Letter from Mr. William Edwards to Lord Charles Somerset 10 

Letter from the Colonial Secretary to the Landdrost of 

Worcester . 11 

Memorial of Messrs. Thomas Mills and John Saunders . 12 

Letter from Lord Charles Somerset to Earl Bathurst . 14 

Letter from the Commissioners of Enquiry to Lieutenant 

T.C. White 16 

,i Letter from Residents at Bathurst to the Commissioners of 

Enquiry 16 

28 Jan. Letter from the Commissioners of Enquiry to Lieutenant- 
Colonel Bird 18 

„ Letter from the Assistant Colonial Secretary to Mr; George 

Greig 19 

„ Letter from Landdrost Cuyler to the Commissioners of 

Enquiry 19 

„ Letter from Mr. Charles Blair to Lord Charles Somerset . 20 

30 Jan, Letter from Sir Rufane Donkin to R. Wiknot Horton, Esqre.: 21 

vi Contents. 



30 JaiL* Letter from lieutenant Colonel Bird to the ComnuBsionerB 

of Enquiry •.••••• 22 

%i Letter from the Assistant Secretary to Government to the 

Fiscal 24 

;,* Proclamation by Lord Charles Somerset ... 24 
„ Letter from Mr. Henry Nourse to the Commissioners of 

Enquiry 25 

31 Jan; Letter from Earl Bathurst to Lord Charles Somerset . 35 
» >» >» >> "O 
,y Letter from Earl Bathurst to the Commissioners of 

Enquiry 36 

„ Letter from Lord Charles Somerset to Earl Bathurst • 37 

Enclosure concerning Schools for Slave Children . 41 

1 Feb.* Letter from Lord Charles Somerset to Earl Bathurst • 42 

2 Feb. „ „ „ 44 
'3 Feb^ Letter from Mr. William Edwards to Lord Charles Somerset 45 

,; Letter from the Assistant Secretary to Government to Mr. 

William Edwards . 46 

5 j , Letter from Mr. William Edwards to Lord Charles Somerset 46 

Enclosure : Petition to the House of Commons . 47 

4 Feb.: Letter from Lord Charles Somerset to Mr. William Edwards 48 
„ Letter from Mr. William Edwards to Lord Charles Somerset 48 

5 Feb^- Letter from Lord Charles Somerset to Earl Bathurst . 49 
. „ Opening of a Church at Stellenbosch .... 60 

7 Feb; Letter from Mr. WiUiam Edwards to Lord Charles Somerset 61 

8 !Feb. Letter from the Reverend William Geary to J. T. Bigge, 

Esqre. 62 

,j Letter from J. T. Bigge, Esqre., to the Reverend William 

Geary 62 

„ Letter from the Reverend William Geary to Major Somerset 63 

9 Feb. Letter from the Commissioners of Enquiry to Earl Bathurst 64 

Enclosure concerning the Reverend William Geary . 67 

,, Letter from the Commissioners of Enquiry to Lieutenant- 
Colonel Bird ....... 69 

9 Feb. Statement of Mr. Benjamin Wilmot .... 69 

„ Letter from the Deputy Colonial Secretary to Mr. William 

Edwards 66 

„ Letter from Mr. William Edwards to the Deputy Colonial 

Secretary 67 

10 Feb.- Letter from the Landdrost of Worcester to the Commis- 
sioners of Enquiry ...... 67 

„ Letter from the Reverend WiUiam Geary to the Commis- 
sioners of Enquiry 68 

„ Letter from the Commissioners of Enquiry to the Reverend 

William Geary 71 

Contents. vii 


10 Feb. Letter from the Eeverend William Geary to the Chaplain 

General of His Majesty's Forces . • • . 72 

11 Feb^ Letter from R, W, Horton, Esqre., to the Commissioners of 

Enquiry 73 

;; Letter from Mr. William Edwards to Lord Charles Somerset 74 

„ Petition of Mr, William Edwards to the House of Commons 74 

12 Feb.: Letter from Harry Rivers, Esqre., to the Commissioners of 77 

Enquiry 77 

jj list of British Settlers to whom Title Deeds have been 

delivered . 78 

,, Letter from Mr. John Foulger to Earl Bathurst . . 79 

14 Feb.: Letter from R. W. Horton, Esqre., to Lord Charles Somerset 80 

» » »> »> "^ 

16 Feb^ Letter from Earl Bathurst to Lord Charles Somerset • 81 

» » >> »f ol 

18 Feb.* Letter from Harry Rivers, Esqre., to the Commissioners of 

Enquiry 82 

\i Additional Grants of Land to British Settlers . . • 83 

„ Letter from Mr. Thomas Pringle to Lord Charles Somerset 85 

19 Feb.: General Military Orders - .; 86 

„ Letter from Captain Fitzroy to the Reverend William Geary 86 

„ Letter from Mr. Thomas Pringle to P. G. Brink, Esqfe. . 87 
„ Letter icom the Landdrost of Albany to the Commissioners 

of Enquiry 87 

,^ Letter from the Landdrost of Uitenhage to the Commis- 
sioners of Enquiry 88 

Enclosures concerning Mr. Sephton's Party of Settlers 88 

20 Feb.: Letter from P. G. Brink, Esqre., to Mr. Thomas Pringle . 90 
„ Letter from P. G. Brink, Esqre., to Mr. Robert Hart . 91 
„ Government Advertisement concerning Trade . . 91 

21 Feb.- Return of Settlers on their Locations in Albany . . 94 

23 Feb. Return of Settlers in the Fieldcometcy of Bathurst . . 98 
„ Letter from the Commissioners of Enquiry to Lord Charles 

Somerset 99 

24 Feb. Letter from Lord Charles Somerset to Earl Bathurst . 99 

99 » » » lUO 

Enclosure concerning Mr. P. H. Faure . . . 101 

„ Letter from Miles Bowker, Esqre., to Lieutenant R. S. Haly 102 

25 Feb. Letter from Commodore Nourse to John William Croker, 

Esqre. 106 

i. Letter from Mr. John Foulger to R. W. Horton, Esqre. . 108 

27 Feb. Letter from Lord Charles Somerset to Earl Bathurst • 108 

28 Feb. Letter from the Reverend William Geary to the Comnus- 

sioners of Enquiry . . . . . . Ill 

29 Feb. Letter from the Commissioners of Enquiry to the Reverend 

WiUiam Geary 112 




29 Feb.* Letter from the FLscal to R. Wilmot Horton, Esqre; . 113 

Feb.' Memorial of Winegrowers, Merchants, and others . . 116 

Description of the Zuurreld 117 

1 March.' Letter from Lord Charles Somerset to R. Wilmot Horton^ 

Esqre. 122 

1 March.- Return of Troops on the Frontier 123 

2 March,- Letter from Lord Charles Somerset to Earl Bathurst . 123 
„ Letter from the Reverend William Geaiy to Lord Charles 

Somerset 124 

4 March; Letter from the Reverend William Geary to Major Somerset 126 

5 March. Letter from Lord Charles Somerset to the Commissioners 

of Enquiry . . 127 

6 March. Letter from Lord Charles Somerset to Earl Bathurst . 128 

Enclosure : Memorial of the Winegrowers and others 128 

8 March. Letter from the Commissioners of Enquiry to the Reverend 

William Geary 133 

„ Letter from the Reverend WiUiam Geary to Major Somerset 1 34 
„ Letter from Major Somerset to the Reverend William 

Geary 135 

yi Letter from Mr. William Edwards to Lord Charles Somerset 1 35 

9 Marchv. Letter from Lord Charles Somerset to Earl Bathurst . 136 
„ Letter from the Collector of Customs to Lord Charles 

Somerset 137 

„ Letter from the Reverend William Geary to Sir Herbert 

Taylor 138 

10 March. Warrant issued by Lord Charles Somerset . . . 138 
„ Letter from the Deputy Colonial Secretary to the Chief 

Justice 139 

„ Letter from the Deputy Colom'al Secretary to Mr. Launcelot 

Cooke 140 

11 March. Letter from R. W. Horton, Esqre., to Lord Charles Somerset 140 
„ Letter from the Landdrost of Albany to the Commissioners 

of Enquiry . 141 

13 March. Letter from Earl Bathurst to Lord Charles Somerset . 142 

»» »» » >» 14o 

»> »» »» »> 144 

»» »> »> » 144 

15 March. Letter from Mr. William Edwards to Earl Bathurst . 145 

16 March. Letter from the Fiscal to the Assistant Colonial Secretary 147 
„ Letter from the Landdrost of Albany to the Commissioners 

of Enquiry 148 

V, Letter from Sir Rufane Donkin to R. Wilmot Horton, 

Esqre. 149 

18 March. Letter from the Foreign 0£fice to R. Wilmot Horton, Esqre. 151 

19 March. Letter from Sir Rufane Donkin to R. Wilmot Horton, 

Esqre.: 152 

Contents. in 


19 March. Statement of Captain Aitcheson to the Commissioners of 

Enquiry 152 

;; Statement of Lieutenant Rogers to the Commissioners of 

Enquiry 154 

;v Memorial of Mr. Charles Breeze 156 

23 March.' Letter from the Fiscal Denyssen to Lord Charles Somerset 157 

Enclosure : Regulations for apprenticing Negroes • 167 
„ Letter from the Landdrost of Albany to the Commissioners 

of Enquiry 170 

J, Letter from Mr. William Edwards to Robert Wilmot, Esqre.* 171 

„ Memorial of Mr. James Thomas Erith • . . . 171 
26 March. Letter from the Commissioners of Enquiry to the Landdrost 

of Albany 172 

j; Letter from the Landdrost of Albany to the Commissioners 

of Enquiiy 174 

26 Mafch. Letter from Earl Bathurst to Lord Charles Somerset . 175 
„ Letter from Lord Charles Somerset to Earl Bathurst . 175 
» »> »» »» 17o 
„ Letter from the Landdrost of Albany to the Commissioners 

of Enquiry 176 

Proceedings a^gainst Messrs. Cooke, Edwards, and Ho&nan 177 

27 March. Letter from Earl Bathurst to Lord Charles Somerset . 209 
„ Letter from Mr. J. G. Brink to Mr. L. Cooke . . . 210 

28 March. Letter from Earl Bathurst to Lord Charles Somerset . 210 
„ Letter from Lieutenant-Colonel Scott to Lord Charles 

Somerset 211 

„ Letter from Mr. L. Cooke to Mr. J. G. Brink ... 212 

29 March. Letter from Earl Bathurst to Lord Charles Somerset . 213 
„ Report of Messrs. Truter, Kekewich, and Napier . . 214 
„ Letter from Mr. J. Ingram to the Fiscal Denyssen . . 215 

30 March. Letter from Earl Bathurst to Lord Charles Somerset . 216 

31 March. „ „ „ 217 

Statement of Major Somerset to the Commissioners of 

Enquiry 217 

Present state and prospects of the British Settlers . . 220 

Letter from Lord Charles Somerset to Earl Bathurst . 230 

Letter from Earl Bathurst to Lord Charles Somerset . 231 

Letter from Lord Charles Somerset to Earl Bathurst . 232 

»» »» » 233 

Enclosures concerning a wharfmaster at Simonstown . 233 
Letter from the Reverend Dr. Manuel to R. Wilmot Horton, 

Esqre. 235 

Letter from Earl Bathurst to Lord Charles Somerset . 236 

Letter from Mr. George Greig to Earl Bathurst . . 236 

Memorial of Mr. C. F. liesching 237 

Memorial of Dr. John Laing and others . • • . 238 

1 ApriL 

2 ApriL 
6 ApriL 
9 ApriL 

2 ApriL 

X Contents. 



12 ApriL Certificate of Dr. F. L. liesohing 241 

13 April Letter from Earl Bathorst to Lord Charles Somenet . 242 

14 ApriL Letter from Mr. WiUiam Hart to the CommisdonerB of 

Enquiry 242 

16 ApriL Letter from the Landdrost of Albany to the Colonial 

Secretary 244 

Enclosure concerning the Beverend Mr. Geary . 244 

;; Letter from Dr. James Barry to Lord Charles Somerset . 245 

19 ApriL Letter from Mr. Thomas Willson to Earl Bathiirst . . 246 
„ Memorial of the Reverend William Geary, with Lord Charles 

Somerset's comments upon it .... 247 

20 ApriL Letter from Lord Charles Somerset to Earl Bathurst . 267 

21 ApriL Letter from J. T. Bigge, Esqre., to Lieutenant Colonel Bird 268 

22 ApriL Letter from Mr. WilHam Edwards to Lord Charl& Somer- 

set, with the Governor's comments upon it . . 268 
24 ApriL Letter from Mr.: William Hart to the Commissioners of* 

Enquiry 272 

9i Memorial of Mr. Benjamin Wilmot .... 273 

26 ApriL Letter from Lord Charles Somerset to Earl Bathurst . 275 
„ Letter from Mr. William Edwards to the Judge in appeal, 

with Lord Charles Somerset's comments. upon it . 276 

28 ApriL Letter from Earl Bathurst to Lord Charles Somerset • 277 
„ Letter from the Assistant Secretary to Government to the 

Fiscal 27a 

;; Letter from the Landdrost of Albany to the Colonial 

Secretary 278 

29 ApriL Letter from George Harrison, Esqre., to B. Wilmot Horton, 

Esqre; 279 

30 ApriL Letter from the Acting Colonial Secretary to the Colonial 

Medical Lispector ... ... 280 

ij Letter from the Acting Colonial Secretary to the Fiscal . 280 
„ Letter from the Acting Colonial Secretary to the Burgher 

Senate 281 

1 May. Letter from Mr. F. G. Farewell to Lord Charles Somerset . 281 
4 May. Letter from the B^verend W. Dakins to Sir Herbert 

Taylor 282 

„ Appendix to the Memorial of the Beverend W. Geary, with 

Lord Charles Somerset's comments upon it . . 283 

6 May. Letter from Mr. P. G. Brink to F. G. FareweU, Esqre. • 292 

„ Letter from the Fiscal to Lord Charles Somerset • I 293 

ff >» »» » • ^y* 

'„ Noticeof the Discontinuance of the CommerctoZilcfverftder. 295 

•„ Letter from the Fiscal to the Editor of the Cape Gazette . 296 

6 May. Letter from Lieutenant-Colonel Bird to J. T. Bigge, Esqre. 296 
„ Letter from Gergymen at Aberdeen to Bobert Wilmot, 

Esqre 297 

Contents. xi 


6 May. Memorial of Mr. John Bailie 298 

8 May/ Notice concerning a Newspaper . . • • . 299 
» »» »»••••• ^UVf 
,, Letter from the fiscal to Lord Charles Somerset . . 300 
„ Warrant for the Suppression of the Commercial Advertiser 300 
„ Letter from the Secretary of the Matrimonial Court of 

Albany to the Landdrost of Albany . . . 302 
„' Letter from the Landdrost of Albany to the Assistant 

Secretary to Government 303 

9 May.' Letter from the Fiscal to Lord Charles Somerset . . 305 

10 May.< Letter from Lord Charles Somerset to Earl Bathurst . 305 

»> if t» 55 • uUO 

„ Letter from Sir Herbert Taylor to R. Wibnot Horton, 

Elqre; 307 

„ Letter from Mr. Thomas Philipps to B. Wilmot Horton, 

Esqre. 308 

11 May^ Letter from Mr. George Greig to Earl Bathurst . . 310 

14 May4 Letter from Lord Charles Somerset to Earl Bathurst . 311 
„ Letter from the Fiscal to Lord Charles Somerset . . 312 
j. Letter from Messrs.* Pringle and Fcdrbaim to the Fiscal . 312 

15 May.- Evidence given by Mr. Richard Millington to the Commis- 

sioners of Enquiry 312 

16 Mayj Letter from the Landdrost of Worcester to J. T. Bigge, 

Esqre; 315 

17 May^ Letter from Mr. P. J. Theron to the Commissioners of 

Enquiry 316 

18 May^ Letter from Lord Charles Somerset to Earl Bathurst . 320 
„ Letter from K- W.. Horton, Esqre., to the Commissioners 

of Enquiry 321 

^ Memorandum by Mr. Thomas Pringle . . . • 322 

Memorial of Mr. Charles F. Liesching .... 326 

19 May^ Note on the state of the late Drostdy House at Tulbagh . 327 

20 Mayj Letter from the Acting Colonial Secretary to the Colonial 

Medicallnspeotor 330 

Enclosure concerning the sale of Medicines . . 330 

;; Evidence given by the Reverend Mr, Vos to the Commis- 
sioners of Enquiry 333 

H Letter from Fieldcomet D.; J^ Theron to John Gregory, 

Esqrej . . 333 

Enclosure concerning Tulbagh .... 334 

;; Statement of Mr. Johannes H. Fischer .... 335 

21 May, Letter from Lord Charles Somerset to Earl Bathurst . 339 

Enclosure : Instructions to Commissioner Hayward. 340 

;; ' Letter from Lord Charles Somerset to Earl Bathurst . 350 
Papers on the removal of the drostdy from Tulbagh to 

Worcester • . 351 




24 May. 

25 May. 

26 May. 

28 May. 

29 May.: 

30 May.: 

31 May^ 

2 June. 

2 June.: 

3 Jnnej 
6 June.: 

6 June.: 

7 June^ 

11 June.: 

12 June.: 

13 June.: 

14 Junoj 

Letter from P. G. Brink, Esqre., to W. Hayward, Esqre. . 
Letter from the Colonial Medical Inspector to the Acting 

Colonial Secretary 

Letter from Lord Charles Somerset to Earl Bathurst 

Enclosures concerning a church at Port Elizabeth 
Petition to the king for a free press 
Letter from the Acting Colonial Secretary to the Chief 


Letter from Earl Bathurst to Lord Charles Somerset 
Letter from Mr. Charles D'Escury to the Commissioners of 

Enquiry . 

Trial of William Edwards for libel 

Letter from Earl Bathurst to Lord Charles Somerset 

Letter from Lieutenant Colonel Bird to the Com&iissioneiB 

of Enquiry . 

Letter from the Commissioners of Enquiiy to Lieutenant- 

Colonel Bird ...... 

Letter from Mr. Charles D'Escury to the Commisdoners of 


Letter from the Commissioners of Enquiry to Earl BatEurst 

Memorandum by Mr. Thomas Pringle . 

Letter from Mr^ D. P.: Francis to the Commissioners of 

Enquiry ... .... 

Letter from Lord Charles Somerset to Earl Bathurst 

Enclosure : Letter from Sir J. A. Truter . 
Letter from Lord Charles Somerset to Earl Bathurst 
Letter from P. G. Brink, Esqre., to Lord Charles Somerset 
Letter from Lieutenant Colonel Bird to P. G. Brink, Esqre.* 
Letter from the Commissioners of Enquiry to Earl Bathurst 
Letter from Mr. John Gregory to Mr. D. P. Eranois 
Letter from P. G. Brink, Esqre., to the Fiscal . 
Letter from the Chief Justice to the Acting Colonial 

t^ Secretary 

Letter from Earl Bathurst to Lord Charles Somerset 
Letter from Mr. Thomas Pringle to the Fiscal . 
Letter from Earl Bathurst to Lord Charles Somerset 
Letter from George Harrison, Esqre., to B. Wilmot Horton, 


Letter from the Fiscal to Mr. Thomas Pringle . 

Examination of Mr. Thomas Pringle 

Letter from Earl Bathurst to Lord Charles Somerset 

Letter from Lord Charles Somerset to Earl Bathurst 













Contents. xiii 



15 June^ Letter from Lord Charles Somerset to Earl Bathurst . 485 
;; Letter from Earl Bathurst to Lord Chairles Somerset . 486 

» >5 w »> • 4oO 

«" >» »> ^ >» • 4o7 

16 Jime4 Letter from B. W. Horton, Esqre., to Lord Charles Somerset 487 

17 June^ Letter from Earl Bathurst to Lord Charles Somerset . 488 
,y Evidence given by Mr.* Martinus Melk to the Commis- 
sioners of Enquiry 488 

18 Junej Letter from R.- W; Horton« Esqre., to the Commissioners 

of Enquiry 492 

;; Letter from the Commissioners of Enquiry to Lieutenant 

OolonelBird ........ 492 

,i Petition of William Edwards 493 

»» >» " >; • . . • . 495 

,, Letter from Mr. William Edwards to Earl Bathurst . . 498 

19 June^ Letter from J. T. Bigge, Esqre., to Lord Charles Somerset. 499 

21 Junej Letter from Mr. Charles D'Escury to the Commissioners of 

Enquiry 501 

22 Junej Return of Commandos against Bushmen in the district of 

Graaff-Beinet 507 


[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Colonial Office, London, 11^^ January 1824. 

My Lord, — I do myself the honor to transmit to your 
Lordship the Copy of a Letter which has been addressed to 
this Department by the Reverend Doctor James Ross, and 
other Ministers of the Church of Scotland, recommending to 
my notice Mr. George Morgan, whom they consider to be a 
Gentleman who will prove well qualified to discharge the duties 
of a Minister of the Reformed Church at the Cape of Good Hope. 
And I also transmit for your Lordship's information the 
accompanying copy of the answer which I have caused to be 
returned to Doctor Ross, and by which your Lordship will 
observe that I have sanctioned the preparation of Mr. George 
Morgan for the discharge of the duties of such a situation. 

I have &c. 

(Signed) Bathurst. 

Letter from Lord Charles Somerset to R. Wilmot, Esqre. 

Cape of Good Hope, 13/^ January 1824. 

Sir, — Having upon receipt of your Letter of the 30th 
September 1822, with enclosures from the Baron Fagel, called 
upon the Orphan Board at this Place to make the necessary 


2 Records of the Cape Colony. 

enquiry relative to the death of Jacques Zacharias Bergeon, a 
Soldier, belonging to a Regiment of Dutch Jagers, said to have 
come to this Colony in the year 1802 ; I have now the honor 
to transmit to you, for Earl Bathurst's information, a Copy of 
a Report made to me by the Orphan Board on this Case, from 
which you will perceive that the Board has been unsuccessful 
in obtaining the information required. I have &c. 

(Signed) Chables Henby Somerset. 

[Enclosure in the above.] 

Orphan Chamber, 31^^ December 1823. 
Sir, — In compliance with the tenor of your letter of the 
28th January last, requesting information relative to the death 
of Jacques Zacharias Bergeon a Soldier belonging to a Regiment 
of Dutch Jagers which came to the Colony in the year 1802, 
We have the honor to state for the information of His Excel- 
lency the Governor, that not finding the death of said Bergeon, 
or his Will registered in this Office, we applied to the several 
Landdrosts of the Respective Country districts for the infor- 
mation required, but we regret to say, that our researches 
have been unsuccessful, for it does not appear that a Man of 
that name has ever been known in any of the districts, so that 
we are to conclude that said Bergeon did not die within the 
Colony, as in that case his death must have come to the 
knowledge of the proper authorities. We have &c. 

The Board of Orphan Masters. 

(Signed) J. A. Truter. 


Letter from the Colonial Secretary to the Landdrost 
of Albany. 

Colonial Office, l^th January 1824. 

Sir, — I have received and laid before His Excellency the 
Governor your letter of the 24th ultimo, in reply to that part 

Records of the Cwpe Colony, 3 

of my communication of the 22nd October last which respects 
those heads of parties of Settlers whose names are stated in 
the list No. 2 which accompanied it, and His Excellency having 
been pleased to approve of your several suggestions, has 
directed that titles to the locations as measured by Mr. Knobel 
shall be forthwith prepared for Messrs. Arthur Barker, Samuel 
Liversage, Daniel Mills, Nathaniel Morgan, William Owen, 
Thomas Phillips (Lampeter), and Benjamin Leech, the last 
mentioned being the person who remained on Mr. Perkins' 
lociation. These titles will be sent to you for delivery as the 
last were, as soon as completed. 

His Excellency has further decided that W. Clarke's loca- 
tion be ceded to John Marshall, Jeremiah Honey, Henry 
Marshall, Richard White, William Wentworth, Henry Brooks, 
Thomas Campkin, and the widow of the late William 
Clarke. That William Cock's location shall be granted to 
the twenty-one adults remaining thereon, of whose names it 
will therefore be necessary that you transmit a list to this 
office, and that the location of W. Holder be divided among 
W. Holder, Wm. Hiles, James Powell, and Alexander Eadwell, 
of all which subdivisions separate diagrams wiU be required 
here as soon as possible, in order that titles may be made out. 
With respect to the remaining individuals mentioned in your 
letter, to whom you recommend certain portions of land to be 
granted, I am to call upon you (with reference to my letter 
above alluded to) to cause such allotments to be measured and 
the diagrams thereof forwarded to this office, in order that 
titles may be prepared accordingly. I have &c. 

(Signed) C. Bird. 

B 2 

Records of (he Cape Colony. 


Letter from the Bbvebekd Francis MgCleland to 
the Bishop of Watbrford. 

Clan WHiUAM, South Afmca, I6th Janitary 1824. 

My Lord, — It is upwards df three years since I took the 
opportiinity of thanking your Lordship for the very flattering 
character you were so kind as to give me, when looking for the 
appointment which I now hold. 

From various unforeseen causes the settlers have entirely 
failed, and out of one hundred and twenty two families that 
arrived here with me, only six remain. 

I have hitherto endeavoured to bear up against the manifold 
hardships attending every man on first setting foot in a strange 
country, but as my Countrymen have abandoned their locations 
and are now scattered all over the Colony, the ties that bound 
me to Clan William are in a great degree dissolved. 

There are many circumstances to deter the English from 
coming to this immediate district. It is now ten o'clock and 
your Lordship will perhaps scarcely credit me when I inform 
you that the thermometer is upwards of one hundred, that 
for want of servants or mechanics to build, we are frequently 
obliged to cook our own victuals exposed to such a burning 
sun, that for three months last year myself and family could 
with difficulty endure the light, in consequence of ophthalmia, 
and that when this or any other sickness overtakes us, we are 
obliged to let them run their course, being nearly one hundred 
miles distant from medical aid. 

The poorest curacy in Ireland would be preferable to our 
present situation, but leaving home out of the question, if I 
might hazard an opinion there are many places, Stellenbosch, 
GraaflE Reinet, the Paarl, where an English Clergyman could 
be much more usefully employed than in this remote place, as 
there are many English families residing there and no Episcopal 
Church whatever. Should a change however be impracticable, 
our comforts here would be greatly increased could His Excel- 
lency be prevailed on to accommodate us with a couple or even 
one prize negro as a servant, and a small house. 

Records of the Cape Colony, 5 

Emboldened by the disposition your Lordship has already 
evinced toward myself and others of your probationers, I 
have presumed to give you some insight into our situation, 
assured that were your Lordship's influence exerted on my 
behalf with the Earl Bathurst or His Excellency Lord C. 
Somerset, it would soon operate to our advantage. 

I hope your Lordship will pardon this liberty. Here I am 
a perfect stranger, but were I even at home where I ought to 
have many a fostering hand, I feel I could not apply to any one 
with such hopes of success, as the Bishop of Waterford. 

I have &c. 

(Signed) F. McClbland. 


LeUer from Lieutenant T. C. White to the Commissionbes 

OF Enquiry. 

Cape Town, January \Uh 1824. 

Gentlemen, — Being extremely desirous to avoid the expense 
of an unnecessarily prolonged residence in Cape Town, I take 
the liberty to request that you will have the goodness to allow 
me to be informed of the earliest moment at which I may leave 
the Colony without prejudice to the case which I had lately the 
honor to submit for your consideration. 

I beg leave further to request, in reference to the injurious 
language of some of His Excellency the Governor's communi- 
cations through the Colonial Secretary, and to your decision 
on my request for an investigation into the circumstances to 
which it related, that you will have the goodness to put me in 
possession of some documents, through which I may be enabled 
to bring the subject under the notice of the Government in 
England, free from the objections and difficulties which a 
supposed silence in this country might, occasion. I have &c. 

(Signed) T. C. WmTB. 

Records of the Cape Colony, 


LeUer from the Commissioners of Enquiry to Lieutenant 
Colonel Bird. 

UiTENHAGE, l^ik JantuMTy 1824. 

Sir, — ^A representation having been made to us by F. I. 
Potgieter, an Inhabitant of this District, that he had been 
driven by the Caff res in the year 1819 from an estate named 
*' Ockert Heyn's Post," which he held in the Zuurveld, that it 
had been re-occupied for him on the retreat of the Caflfres, but 
that he heard afterwards that it was to be given to H. O. 
Lange ; and the said Potgieter having stated to us that he 
has successively addressed three memorials to the Government, 
praying for Land to be granted to him in compensation for his 
losses, but that he has received no answer to either of them, 
we request accordingly that you will be so good as to inform 
us whether these Memorials have been presented to His 
Excellency the Governor, and what the decision of His Excel- 
lency may have been. 

We take this opportunity also of requesting that you will be 
pleased to inform us whether His Excellency's decision may 
have been taken upon the memorials of J. A. Landman and 
C. P. Landman, stated to us to have been addressed to him on 
the 15th September 1821 and renewed by them on the 31st 
January 1822. We have &c. 

(Signed) John Thomas Biggb, 


[Office Copy.] 
LeUer from Earl Bathurst to Lord Charles Somerset 

Colonial Office, London, 19^ January 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
your Lordship's dispatch No. 51 of the 11th September last, 
stating that you had been under the necessity of throwing 


Becords of the Cape Colony. 7 

upon the Public Treasury the expence of completing a road 
which had been in part executed by the Magistracy of the 
district of Stellenbosch, and soliciting my sanction for an ex- 
penditure of £2500 which this work would require. 

In replying to your Lordship on this occasion it is necessary 
that I should recall your attention to my dispatch of the 21st 
January last, in which you are enjoined to continue in the 
strict observance of the instructions of the Lords Commissioners 
of His Majesty's Treasury of the 18th March 1816, which 
provide (clause 18) that no service shall be undertaken by your 
Lordship which should cause an expenditure above £200 
sterling unless you had previously received the sanction of 
His Majesty's Government. Looking therefore to the amount 
of the sum required to complete the work now under consider- 
ation, and adverting to the expediency of enforcing the principle 
of the Instructions above referred to, I feel it my duty to inform 
Your Lordship that I must withhold my Sanction to the 
measure you have adopted until I shall have received such 
further information from your Lordship as may show that a 
paramount necessity rendered the execution of the service 
unavoidable and that the urgency of the case has compelled 
your Lordship to act under the 19th clause of the Instructions 
of the Lords Commissioners, which specifies that if an Emer- 
gency shall arise in which a previous reference could not be 
made to this Country for a regular authority for incurring any 
contingent charge (exceeding £200) you are to authorise the 
same, stating in the fullest manner to the Commissioners of 
the Treasury and to the Secretary of State for the time 
being the grounds upon which you have felt it necessary 
to deviate from the antecedent clause of their Lordships' 

I have only further to observe that detailed estimates of the 
work should accompany your Lordship's explanatory dispatch. 

I have &c. 

(Signed) Bathurst. 

Records of the Cape Colony, 


LeUer from the C!obcmissioneb9 of Enquiry to LiBTTTSKAirr 
Colonel Bird. 

UiTEKHAQB, l^th Jonuory 1824. 

Sib, — ^We have the honor to acknowledge the receipt of 
your letter of the 9th Instant, in answer to our inquiry that 
we had the honor to address to you requesting the claims of a 
soldier of the Dutch East India Company to his right of Bur- 
ghership, by virtue of the articles of Capitulation signed by 
Sir David Baird at the last capture of this settlement. By 
the reference which thro' your kindness we have been enabled 
to make to copies of that Document, we find that the case of 
the Soldier does not come within any of the concessions of 
Privilege that were secured at the capitulation to the other 
classes of the inhabitants ; but as it appears by the other 
documents which you have been good enough to communicate 
to us, to have been deemed proper by His Majesty's Secretary of 
State that the admission to the rights of Burghership of aliens 
who have resided in the Colony 5 years uninterruptedly, should 
be subject to the payment of a certain fine fixed by the Colonial 
Government we believe at the sum of 250 Rixdollars, we beg 
leave to trouble you with an inquiry whether you are aware 
of any instance in which this fine may have been reduced or 
dispensed with in consideration of the poverty of the appUcant. 

We have &c. 

(Signed) John Thomas Bigge, 
W. M. 6. ColebroOkb. 

Eecords of the Gape Colony. 

Letter from Mr. William Parker to R. Wilmot 


Passage West, I9th January 1824. 

Sir, — I have had the honour to receive your letter of the 
11th instant, stating it must rest with me to procure whatever 
corroborative statements may be necessary to support the 
charge I preferred against Colonel- Bird. • 

Having given the address of Lord Howden and the Rev. 
Doctor Jones, and Mr. Dennis, the latter of whom vas the first 
who informed me of Colonel Bird's hostiKty to the Protestant 
Religion, and as these respectable individuals I am certain will 
not flinch from the avowal of the facts they have told me, and 
which stre so plainly stated in my affidavits, I have only to say 
that I cannot in justice to my distressed family incur any 
further expense, which I can by no means afford, to procure 
the corroborative statements to which I have so pointedly 

Every circumstance that has transpired from the Cape, 
respecting the condition of the settlers, especially the feeling 
report of the committee at Cape Town for their relief, dated in 
September last, an abstract of which is now before me in the 
8t. James^ Chronicle of the 13th January, confirms the sound- 
ness of my conduct. Considering this document as authentic, 
bearing the name of the Rev. Doctor Philip, to whose kind 
advice under God, I am mainly indebted for the preservation 
of the lives of my large family, I take the liberty to send to 
you, for the perusal of the Earl Bathurst, the second part of 
the pamphlet of " The Jesuits Unmasked," and I beg his 
Lordship's reference to pages 103, 110 and 111. Indeed the 
course I have to pursue is now so simple, as I have such a great 
manifestation in this report of my strong allegations, that I 
should be derelict in that duty, I owe to my God, to my country, 
and to my wife and children, did I relax in my arduous endea- 
vours to bring the whole of the Cape emigration, the ensuing 
session, before, if not the cognizance of Parliament, at least 
the awful tribunal of public opinion. 

Never, Sir, was a man better prepared by the possession of 

10 Records of .the Cape Colony. 

facts than I am. In your letter of the 4th of March last, yoa 
attempt to exonerate the Colonial Government from all further 
responsibility, as I would not accept of a location in the 
Zureveld : Lord Bathurst, from the report of the benevolent 
committee at Cape Town, will now be able to judge what kind 
of country the Zureveld or Albany has proved. 

Sir, it was on public grounds I had the honour to be intro- 
duced by the Government of Ireland to the Colonial Department 
in 1819, and it was public grounds that elicited his present 
Majesty's most gracious disposition towards me, therefore I am 
sure that the British public will be with me In that bold and 
manly part, it is now my determination to adopt. 

I lost an immense property in the year 1810 and 1811, by 
orders in council, and with the assistance of some friends to 
whom I am indebted, I was enabled to proceed to the Cape, 
after experiencing many difficulties. It is due to these friends 
and to my immediate family connexions, it is due to my honour 
and character, that I should not yield one step to official men, 
who evidently persist in the most culpable errors. I have &c. 

(Signed) Wm. Parkbb. 


LeUer from Mb. William Edwards to Lord Charles 


26 Long Mabket Street, 
Cape Town, 22nd January 1824. 

My Lord, — ^As your Lordship is aware of the professional 
duty which necessarily leads me into misunderstandings with 
which I have no concern, and of the occasion from a duty to 
my Client that I adopt their sentiments and expressions, I 
feel it scarcely requisite to make any excuse to you for con- 
ducting a complaint against one of your Officers. 

But I do feel it needful for my own sake in transmitting the 
duplicates of Mr. Cooke's Memorial through your Lordship to 
the Treasury to say that I do not enter into this business from 
choice. I told Mr. Blair what was advised by me in hopes 
that the affair might have been managed by a slight concession 

Records of the Cape Colony. 11 

on his part. And although I will never shrink from the per- 
formance of my duty to my Clients, there is no man who would 
do a duty which might be painful to your Excellency with 
more sorrow than myself, no man in the Colony more unwilling 
to thwart the measures of His Majesty's Government than I 
am, nor is there a man alive more willing to devote his life, 
his everything, to the honor or Service of his Sovereign or the 
sacred representative of a beloved King. 

My Father, My Lord, had the happiness of serving His 
Majesty for years as a Captain of Dragoons, he was personally 
known to some of those before whom this Memorial may be 
laid. I have also the honor of being so known, therefore feel 
it absolutely imperative on me to write this letter that it may 
never be supposed I have swerved from the principles of loyalty 
and affection to Government in which I was educated. 

The other Copy of the Memorial will be forwarded by post. 
And as Mr. Cooke is speedily departing for England he will 
pursue the affair in person before their Lordfihips with the 
assistance of Counsel. I have &c. 

(Signed) W. Edwards. 


LeUer from the Colonial Secretary to the Landdrost of 

Colonial Offioe, 23rd January 1824. 
Sir, — In reply to your letter of the 12th Instant enclosing 
a Copy of one from the Deputy Landdrost of Clan William, 
stating in reference to the late decision with respect to the 
Hantam Mountain, that he is informed that the Horse Sickness 
is not supposed to occur above once in seven years in the Hantam 
District, I am directed to acquaint you that His Excellency the 
Governor sees no necessity for the Hantam Mountain being 
kept useless in those years in which the Horse distemper does 
not prevail, but His Excellency is of opinion that among the 
regulations to be established when the Hantam Mountain 
shall have been surveyed and its capabilities ascertained, it 

12 Records of the Cape Colony. 

should be stipulated that the Inhabitants of the Hantam Field 
Gometcy shall have a right of Commonage on this Mountain 
for Horses only, according to the extent of the Horse Stock 
which their respective places are calculated to support, paying 
a certain Stipend to Government for the Commonage, but that 
nevertheless the Mountain should be kept vacant every year 
until the season for apprehending the Horse distemper shall 
have passed. I have &c. 

(Signed) C. Bied. 

Memorial of Messrs. Thomas Mills and John Saunders* 

To the Right Honourable the Earl of Bathurst, His Majesty's 
Secretary of State for the Colonial Department. 

The humble Petition of Thomas Mills, Com Chandler, and 
John Saunders, Slop Seller, of the New Boad Saint George's 
East, Humbly Sheweth 

That your Petitioners respectfully request permission to 
submit the following facts to your Lordship's humane con- 
sideration, being fully persuaded that the extreme hardship of 
the case of those whom your Petitioners are about to represent, 
will not only excite a generous sympathy in their behalf, but 
also be considered a sufficient apology for their intruding 
themselves on your Lordship's attention. 

That in the year 1819, Your Petitioners having had under 
their consideration the encouragements at that time held out 
by His Majesty's Government, to induce Individuals to 
Emigrate to the New Settlement in South Africa, came to the 
determination of, and did, at a very heavy expense, fit out 
their two^Sons viz. Thomas Mills and John Saunders with a 
general assortment of Implements used in Husbandry, and 
other necessary articles for such an adventure ; and after 
having paid the deposit money, and complying with all the 
other regulations required by your Lordship's directions, the 
said Thomas Mills and John Saunders joined Mr. Bailie's 
Party, and proceeded in the ship Chapman from the River 

Records of the Cape Colony, 13 

Thames, in the month of November in the year above- 

That on the arrival of the said vessel at Algoa Bay, they 
proceeded with the sfiiid party to their destination, and took 
possession of such Land as they were entitled to, imder the 
Superintendance of the Government Agent appointed for that 
purpose. That on obtaining possession of the same, they 
commenced cultivating it, and in due time purchased such 
Cattle to stock their Farms with, as their circumstances and 
inclinations admitted of. It was at this period that they 
began to cherish the Hope that their most sanguine expectations 
would be realized, but your Petitioners were concerned to 
receive the sorrowful tidings of the failure of their first crops, 
but even this sad communication was accompanied with an 
assurance of their determination to persevere and wait with 
patient and firm expectation that their future efforts would be 
successful, but Alas ! their next crops met with a similar fate, 
those distressing and discouraging circumstances, combined 
with others equally unfortunate, could have but one effect 
upon the minds of these young and unhappy adventurers, the 
consequence of which was, that their accumulated misfortunes 
soon compelled them to give up their Land, and by this com- 
pulsatory act (which they could not avoid) their prospects in 
the Colony are quite hopeless. 

That for temporary relief imder their pitiable situations, 
your Petitioners have sent out small supplies to them, but 
which are, in the very mode of transmission, rendered doubtful 
of ever reaching its destination, therefore, for this, and other 
reasons, this kind of support cannot be repeated, they will 
therefore have to struggle with their miserable circumstances, 
unaided by such extraneous assistance. 

That after a lapse of three years, the said Thomas Mills and 
John Saunders, in order to avert the worst of calamities, viz. 
that of starvation, make application for a Pass to quit the 
Colony and be allowed to proceed to England ; but Ifere again, 
the hand of misfortune visited them, the authorities of the 
Colony refused the necessary documents for that purpose, 
without assigning any cause for such a refusal, the lamentable 
result of which is, that they have for a long time past, been 
suffering the greatest privations. We beg leave most respect- 

14 Records of the Cape Colony. 

fully to remind your Lordship that it was expressly understood 
by all, before they left this Country, that they should after 
the expiration of three years, be at liberty to quit the Colony 
if they should think proper so to do. 

That your Petitioners would cautiously avoid taking up 
your Lordship's valuable time by further details, yet they 
cannot suffer the present opportunity to pass by, without 
respectfully entreating a reference to the deplorable statements 
published in the Morning Chronicle of the 13th Inst., of the 
perilous situations of the Settlers in general, and which accounts 
have caused the most painful feelings in the minds of your 

Your Petitioners do therefore most humbly pray, and con- 
fidently rely, on your Lordship's known humanity to interfere 
in their behalf, and that you will be pleased to cause an order 
to be forthwith sent out to the Government at Cape Town, to 
remove any obstacles that may be existing, and that the said 
Thomas MiUs and John Saunders and his family may be 
permitted to proceed to England without further hinderance. 
And Your Petitioners (as in Duty bound) will ever pray. 

9 New Road, St. Geobgb's East, 24th January 1824. 

Letter from Lord Charles Somerset to Earl Bathurst. 

Cape of Good Hope, 2Qth January 1824. 

My Lord, — I do myself the honor to transmit to your 
Lordship the enclosed additional List of appointments which 
I have conferred, and encreases made in the Salaries of the Civil 
Servants during last year, as they contain Items in the ordinary 
expenditure of this Government which require your Lordship's 
particular sanction ; and anticipating your Lordship's ready 
approval thereof upon perusal of the satisfactory reasons given 
for their expenditure, I beg your Lordship will communicate 
the same to the Auditors of Colonial Accounts. I have &c. 

(Signed) Charles Henry Somerset. 

Records of the Cape Colony. 15 

The list is of an additional collecting clerk at the market, an 
additional overseer at Buck Bay Farm, a church clerk at Hot- 
tentots Holland, and increases in the salaries of two school- 
masters and a few others, chiefly connected with the post 


LeUer from the Commissioners of Enqihry to Lieutenant 

T. C. White. 

UiTENHAOE, 2'llh January 1824. 

Sib, — We beg to acknowledge the receipt of your letter of 
the 15th inst., and as it is not probable that the pressure of 
business in this district, and the numerous claims similar to 
your own that we are prepared to examine in the district of 
Albany will enable us to enter upon the investigation that you 
have solicited at as early a period as you seem to wish, we have 
no difficulty in stating to you that although we declined the 
investigation of the misunderstanding that took place between 
His Excellency Lord Charles Somerset and yourself from an 
impression that it was a matter purely of .a personal nature, 
yet nothing has arisen out of it that will preclude us from 
proceeding in the investigation of your claims to a confirmation 
of the grant of land that was assigned to you, as well as to the 
augmentation that you have solicited, at as early a period as 
other engagements of a similar nattire will permit. 

We have &c. 

(Signed) John Thomas Bigge, 

William M. G. Colebrookb. 

16 Records of the Cape Colony. 


Letter from Beaidenis at Bathurst to the Commissioners 
of Enquiry. 

Bathubst, 21th January 1824. 

Gentlemen, — We the undersigned most respectfully beg 
leave to represent the unfortunate situation, actual losses, 
and Serious disappointments occasioned us by the destruction 
of the Town of Bathurst. 

In the early part of the year 1820 His Excellency the Acting 
Governor, General Sir Rufane Donkin, visited these Frontiers 
for the purpose of fixing upon the most eligible and central 
situation for a Drostdy Town in the new Settlement ; which 
point being settled at Bathurst, a Provisional Magistrate was 
immediately appointed, a company of Soldiers stationed for 
the protection and further advancement of the Town, a Board 
of Landdrost and Heemraaden, and a Commissariat Estab- 
lishment appointed and fixed ; a Drostdy House commenced, 
and a full Court of Justice held ; in short every movement 
tended to confirm the intentions of Government to make it 
the principal Town on the Frontier, and so general was this 
impression, that at a public Sale of the Government Erven 
held in the Month of June 1821, a number of Erven were 
sold at the unprecedented rate of from 600 to 1100 RixdoUars 

Under these circumstances (we being the first inhabitants) 
were induced to expend very considerable Sums in building 
and other improvements, and had already established our- 
selves in our respective occupations under the idea of reaping 
those advantages naturally looked for and expected by those 
persons whose emulation and energy led them to become the 
first founders of a flourishing and opulent town ; but alas it 
appears these expectations were only raised that we might 
more keenly feel the disappointments and misfortunes we were 
doomed to experience by the changes made on the arrival of 
His Excellency the present Governor. 

The first step towards the destruction of the Town was the 
removal of the Seat of Magistracy to Graham's Town in the 
Commencement of the year 1822, which was shortly followed by 

Records of the Cape Colony. 17 

the removal of the Troops and the Commissariat Establishment, 
but notwithstanding these extremities we have still retained a 
degree of composure^ comfort, and satisfaction from our 
remaining in some measm'e upon a level with the respective 
Locations, there having been a considerable portion of fine 
grazing ground attached to the Town, we were enabled to turn 
our attention to breeding and feeding Cattle, which has been 
carried on to an extent far beyond any Location in the Settle- 
ment ; but now as a final stroke to the future benefit or 
advantage to either the Town or its few remaining Inhabitants, 
the most considerable and by far the most valuable part is 
taken from us, in consequence of which one individual has been 
put to the enormous expense of 66J Rixdollars from his Cattle 
having trespassed on the above ground in going to drink of the 
water they had been accustomed to for these three years. T hus 
after having experienced these Calamities and distresses beyond 
what has generally been felt by the Community at large, lost 
near four years' labour and exertions, and actually expended 
many thousand Rixdollars, we at present remain the unfor- 
tunate occupants of only a house and small garden, even to 
which we cannot procure a Title without an additional Expense. 
We view with pleasure a field of Commerce opening by the 
probable navigation of the River Kowie, and the late altera- 
tions made with respect to the Grovemment Farm at Somerset, 
which holds out encouragement both to the Farmer and 
Labourer by furnishing a Market for the produce of their 
industry, but it is melancholy to state that we are prevented 
from partaking of the general benefit likely to arise from these 
resources by the confined situation in which we are now placed 
both as to Land and our Finances, which have been exhausted 
in the manner above stated. That we are by no means upon 
a footing with the most unimportant Location in the District, 
and we have no hesitation in asserting that had our rights 
extended so far, or had there been the least encouragement 
held out to us, agricultural pursuits would have been carried 
to a much greater extent than is at present the case, but 
which is now stretched to our utmost boundary. 

Upon these particulars we humbly beg your most serious 
consideration, and shall be most thankful for such assistance 
and relief as may be thought consistent with our various cases, 

XVII. c 

l8 Records of the Cape Colony. 

and which you may think requisite to recommend to His 
Excellency the Governor. We have 8co. 

(Signed) S. Biddulph, 

John B. Biddulph, 
Thos. Hewson, 
Jambs Cabney, 
J. Habtley, 


E. Griffiths, 
Geo. Anderson, 
James Vice, 
Ed WD. H. Dell, 
Wm. Bond. 


Letter fr&rti the Commissioners of Enquiry ix) Lieutenant 
. Colonel Bird. 

UiTENHAGE, 28^^ January 1824. 

Sir, — Having had occasion to refer to the Landdrost of 
Uitenhage to ascertain the result of an application stated to 
have been made by Mr. Bemardus Eens for a grant of land 
situated near the Sunday River, we have received from the 
Landdrost a copy of the Resolution of the Board of Landdrost 
and Heemraden transmitted to you on the 15th of January 
1817, to which as we are informed there has been no reply, 
and that a second Memorial from Mr. B. Rens has also remained 

We request that you will have the goodness to inform us 
what may have been the decision of His Excellency the 
Governor upon these memorials, and in what manner the land 
in question may have been disposed of. We have &c. 

(Signed) John Thomas Bigge, 


Records of the Cape Colony. 19 


Letter from the Assistant Colonial Secbbtary to 
Mr. George Greig. 

Colonial Office, 2%th January 1824. 

Sir, — I am directed by His Excellency the Governor to 
^ inform you that he has been pleased to fix the rate of Postage 
to be paid for the Paper you have established at One Skilling 
for each number sent to the Country districts. I am &c. 

(Signed) P. G. B\rNK. 

Letter from Landdrost Ctjyler'"^ the Commissioners of 


TJiTEimAGE, 2Sth January 1824. 

Gentlemen, — I am honored with the receipt of your Letter 
of yesterday respecting the locating of Mr. Francis the Settler, 
and have the honor in reply to acquaint you that the first 
Settlers were located by Orders from the Colonial Office, fixing 
the spot, but latterly the Settlers heaped upon us faster than 
Mr. Knobel could sketch &c., when we were directed to set 
them down westerly of the last, &c., &c. 

I enclose the letter I got respeCKjig Mr. Francis, and the 
sketch I then held from the Surveyor of fit Places to place 
Settlers on, with the route to the same, and where you will see 
Mr. Francis' name marked. The directions he alluded to, to 
have got from Captain Evatt, was merely my directions, to be 
communicated to the Drivers of the Waggons and the party, 
where about they were to go, and when notice was sent to 
Graham's Town to the Deputy Landdrost to see them located. 

I do not recollect to have ever seen Mr. Francis till some 
considerable time after he had been located, nor can I remember 
ever hearing from Mr. Knobel that Mr. Francis wished another 

When Mr. Francis was going to Cape Town, some six or eight 

c 2 

20 Records of (he Cape Colony. 

months ago, he called upon me and shewed me his name on 
Mr. BLnobel's Map, in a different place to where his Location 
was. The Error in the map I could not explain to him. Mr. 
Knobel might perhaps do that better. I have &c. 

(Signed) J. G. Cuylbb. 

Letter from Mr. Charles Blair to Lord Charles Somerset. 

Custom House, Cape Town, 2%th January 1824. 

My Lord, — ^After returning my thanks to your Lordship for 
the communication of the Memorial of Mr. Cooke, I have in 
remarking upon it to state to your Lordship that in my official 
capacity I did in pursuance of the Act of the 47th Geo. 3rd 
and of the Order in Council apprentice the Prize Negro Jean 
Elie, captured in the Victor, to Mr. Samuel Murray. And that 
on the decease of Mr. Murray I gave over Jean Elie to Mr. 
W. W. Bird for his son-in-law Mr. Pegou, under whose care 
and protection I could place him satisfactorily for about six 
months, being the remainder of his term. I was ignorant of 
Jean Elie being let out to Messrs. Cooke and Thompson by 
Mr. Murray, or I should have objected to it, and in hiring this 
man whom I apprenticed for the sole use of Mr. Murray, Mr. 
Cooke by his own acknowledgment began by doing what was 
not allowed by me and persisted in his wrong by harbouring 
him after Mr. Murray's death and disobeying the Collector's 
order for removal. The act and order in council which enjoin 
an apprenticeship not exceeding 14 years do not require me 
to give reasons of preference, but I consider the man's service 
in a regular married family most beneficial, particularly at the 
close of the period. With regard to Mr. Cooke's History about 
the freedom of Jean Elie I know nothing. I received him after 
regular condemnation by the Court of Vice Admiralty, and do 
not consider it to be any part of my duty to scrutinize the acts 
of that Court, but must remark on the unjust conduct of Mr. 
Cooke, who convinced that Jean Elie was free, paid thirty-five 
rixdollars per month for six years to Mr. Murray and not to 
Jean Elie the Freeman. 

Records of the Cape Colony. 21 

With regard to the words charged by Mr. Cooke, the greater 
part is false, and it is also to be observed that the Court of 
Justice of this Colony takes cognisance and redresses every 
offence committed by one Individual against another, and that 
having been summoned before the Fiscal at the instance of 
Mr. Cooke, I duly attended and answered to the charge, which 
was abandoned by Mr. Cooke, I presume, with the view of 
forwarding thro' your Excellency a string of observations 
scurrilous, slanderous, and false in every respect. To assertions 
and chargesthus originally attempted to be made clandestinely 
I forbear to make any reply other than by an immediate action 
at Law against Mr. Cooke in the Court of Justice, conscious 
that in the honorable performance of a duty extremely un- 
pleasant from the Malice and rancour of disappointed Indi- 
viduals, I have on aU occasions to the best of my Judgement 
strictly adhered not only to the spirit, but even to the letter 
of the Acts of Parliament and Orders in Council in this Case 

I have therefore only to add my anxious hope that your 
Lordship will have the goodness to enable me to protect my 
character as a Servant of Grovemment, by ordering the Public 
Prosecutor to receive my instructions and to proceed against 
Mr. Cooke in due course of Law, I have &c. 

(Signed) Chables Blair, Collector of Customs. 

Letter from Sib Rufanb Shawb Donkin to R. Wilmot 

12 Uffeb Gbosvenob Street, January 30^ 1824. 

Deab Sib, — I have just seen an article in this day's Morning 
Post by which I am led to infer that some attack has been made 
on His Majesty's Government, arid on Lord Bathurst in par- 
ticular, relative to the Settlers at the Cape of Good Hope. 

This cannot refer to the strong article in the Times of yes- 
terday, for in it there was no reference made either to his 
Lordship or the Government, and if any such attack such as 

22 Records of the Cape Colony. 

seems implied in the Morning Post has been made, I beg leave 
to say that I am quite ready to address you oflScially to say that 
whatever misfortunes may have befallen the Settlers no part 
of them can be attributed either to His Majesty's Government 
generally, or to the Secretary of State for the Colonies. 

Nothhig could be more ample, or indeed mimificent than the 
manner in which the Settlers were sent out, nothing could 
exceed the foresight and anxious care manifested in all the 
Despatches and Instructions relative to them from the Colonial 
Office, and, with a consciousness of this, the Settlers were 
strongly and gratefully impressed. Moreover, when circum- 
stances compelled me to make any immediate disbursement 
for their aid, it was sanctioned at home at once, nothing there- 
fore can be more devoid of all foundation and Truth than 
such an attack as the Morning Post seems to be repelling. 

I hope you will not think this an improper Intrusion of mine, 
but that you will attribute my troubling you to an anxious 
desire on my part to enable your Department (under which I 
once had the honor of serving, and towards which I feel both 
respect and obligation) to refute, should occasion be, any in- 
sinuations of the nature I have alluded to. I have &c. 

(Signed) R. S. Donkin. 


Letter from Lieutenant Colonel Bird to the Commissioners 
OF Enquiry. 

LiESBEEK Cottage, 30^ January 1824. 

Gentlemen, — I have been honoured by your letter of the 
18th January, stating that a representation had been made to 
you by I. I. Potgieter on the subject of certain Lands called 
" Ockert Heyn's Kraal " granted to H. 0. Lange, and repre- 
senting that he had made three successive memorials to 
Government for lands in compensation for his losses without 
having received any answer thereto. 

Being confined to my bed in consequence of a very serious 
accident, I directed the Inspector of Lands to make the neces- 

Eeeords of the Cape Colony^ 2S 

sary inquiry into and examination of this subject, and I have 
the honor to enclose Mr. D'Escury's report to me hereon, of 
the accuracy of which I have no reason, to be doubtful. 

This report will at the same time answer your further query 
respecting the memorials of J. A. and C. P. Landman. 

[ I have &c. 

(Signed) C. Bird. 


Letter from Lieutenant Colonel Bied to the Commissioners 

OF Enquiry. 

LiESBESK CoTTAOE, 30^ Jawkmry 1824. 

Gentlemen, — I have to acknowledge the receipt of your 
letter from Uitenhage dated 19th inst. in reply to mine of the 
9th, in which I had the honor to enclose for your information 
the documents necessary to shew how and by what authority 
aliens might be admitted to the rights of Burghers in this 
Colony ; and in reply to your further query, whether I am 
aware of any instance in which the fine of Rds. 260 payable on 
such admissions may have been reduced or dispensed with in 
consideration of the poverty of the applicant, I have the honor 
to state, that for the reason mentioned in my reply to your 
letter of the 18th, not having had it in my power personally 
to examine the books on this head, I desired the Assistant 
Secretary so to do, who has informed me that there is no 
instance such as you advert to. 

A Burghership was however issued gratis to J. Tier, Messenger 
of the Colonial Office, in consequence of long and faithful 
Services. I have &c. 

(Signed) C. Bird. 

24 Records of the Cape CoUmy. 


LM&r from the Aaaistant Secretary to Oovernment 
to the Fiscal. 

Colonial OmoE, WOi January 1824. 
Sib, — I am directed by His Excellency the Governor to 
forward to you herewith in original a letter transmitted to His 
Excellency by Mr. Edwards a Notary in Cape Town, styling 
himself the attorney to Mr. Launcelot Cooke, together with 
the Documents therein referred to. And as these Papers 
contain assertions injurious to the character of the Collector 
of His Majesty's Customs at this place, His Excellency desires 
that you will be pleased to refer to Mr. Blair, in order to obtain 
every information for prosecuting Mr. L. Cooke for defamation 
of a public Servant. I have &c. 

(Signed) P. G. Brink, 

Proclamation by Lord Charles Somerset. 

Whereas by my Proclamation bearing date 5th July, 1822, 
it has been ordered and directed, that from and after the 
1st Day of January, in the Year of Our Lord One Thousand 
Eight Hundred and Twenty-seven, the English Language shall 
be exclusively used in all Judicial Acts and Proceedings in the 
Supreme and Inferior Courts of this Colony ; and whereas the 
majority of the Population in the Albany District is now English, 
I have deemed it expedient, that so much of the aforesaid 
Proclamation of the 6th July, 1822, as may be considered to 
regard the Albany District, should be abrogated and repealed : 
— I do therefore hereby order and direct, that all Judicial Acts 
and Proceedings in the aforesaid District of Albany, which 
shall be entered upon, or commence on or after the first Day 
of March next, shall be carried on in the English Language ; — 
and I hereby further order and direct all Persons concerned 
to take due Notice hereof, and to conform themselves to the 
Provisions of this Proclamation. 

>'ords of tht C^}< '.*'>*/- 

^ p 

-• i».CL 

^^^ '^^^:j^Em'm «^ . , ilr. Courtiiey. and the m*I w^ wi^iem i^ 

on likely to prove b«eEe5-riAl. I 4^ ^^re- ilcU 

.^ck, Secretary to the E-rajri ri Trm^ ':£ I 

ed to appeal to Eaii B^iliar^ kiz^cl 

ill bear testimony to tbe u^^qh i g 1 

"n pursning these objects. 

it this distance of space a.* ^eD ^^ of 

* ich a requisition, to trace ibe vjmcn*? z^^zm 

thus obtruded myself, soroetiines witk e£ect. 

' " ■ perhaps without, and such evid^^oee «s I ^mm 

id only in detached Memorandum*- 

jt 3r I think enabled to manifest to you a djam erf 

,,^ ^ - that will shew they have not be^n ummporuist 

• isions, but as these are much too voIumiiKrt^ for 

f ch, I shall confine myself for the pre^^eDt to thoie 

/ relating to the Grant in question. 

.her representations, I had frequeotly <*aikd the 

f Mr. Courtney, as well as the Lords erf Trade. 

Ji Memorials on other subjects, to the difficaltM 

oh the Cape generally, but more partittilariy the 

jsidents, labored from the extreme hij^h price of 

id suggested the expediency of extending the san:^ 

dment to the Cape as was done to Canada. The 

of Hostilities and consequent di^tre^ of the lower 

in England induced me to submit a proposition, of 

he enclosed No. 1 is a Copy, to Lord SidJDODtb, ibeo 

ixy of State for the Home Departmetit. His Lordship 

ly politely thanked me for the suggestion, and directed 

3 communicate with Earl Bathmrst, the subject faQiag 

i immediately under his Lordship's department, and I 

iequently transmitted a Copy of my Idea^ to the Colunial 

we. Soon after this period a Subscription was set on foot 

the City for the relief of distressed Seamen, and others 

moying the streets of London, and a sum of money wa^ rais^ed, 

lore than adequate to the object. I endtavDured to engage 

he Committee of this fund to undertake my scheme, but 

mthout effect, at length Mr. Courtney said that be would 

introduce the subject to the Committee on the poor I^ws, of 

which he was a member, and subsequently on the 7th Febmaiy 

1819 wrote me the annexed Note No. 2. He afterwattd* 




'oV ^®«^ 


- :^--^ -^- ^~J ^< .X 1 :?c:.5l' ^r^- ^^ ^ 

r -r :n >c j j,^ ^^ ,^y wirdL*^^ Afember 
^,^ - ^jD^-;^ ji I^-cdTi'tvcmTeJ witi this 

r.aj: -^"^ 7^Get'nrTs- the int^ests of tbe Colony 
jrjm :ry^^r l^^ militating against them, 
^t? L:c:i^ ot Trade such encouragements to 
\^ ^'^ "^.^"^ ^e occurred tome; and while 
^,^^ :i;idZsrzLiiess the poUte consideration and 
^ :^^ ^^n^nenced from the Govemment 


Records of the Cape Colony, 27 

ent to the Colony, Mr. Courtney, and the zeal with which he 
•t every proposition Ukely to prove beneficial, I am sure that 
as well as Mr. Lack, Secretary to the Board of Trade (if I 
ly not be allowed to appeal to Earl Bathurst himself and 
*. Robinson) will bear testimony to the trouble I have 
casioned them in pursuing these objects. 
It is difficult at this distance of space as well as of time, 
iprepared for such a requisition, to trace the various instances 
which I have thus obtruded myself, sometimes with effect, 
id oftentimes perhaps without, and such evidence! as I can 
oduce is found only in detached Memorandums. 
I am however I think enabled to manifest to you a chain of 
jpcumstances that will shew they have not been unimportant 
a many occasions, but as these are much too voluminous for 
post dispatch, I shall confine myseM for the present to those 
mmediately relating to the Grant in question. 

Among other representations, I had frequently called the 

ittention of Mr. Courtney, as well as the Lords of Trade, 

3mbodied in Memorials on other subjects, to the difficulties 

under which the Cape generally, but more particularly the 

EngUsh residents, labored from the extreme high price of 

Labor, and suggested the expediency of extending the same 

encouragement to the Cape as was done to Canada. The 

I cessation of Hostilities and consequent distress of the lower 

I Orders in England induced me to submit a proposition, of 

\ which the enclosed No. 1 is a Copy, to Lord Sidmouth, then 

Secretary of State for the Home Department. His Lordship 

in reply politely thanked me for the suggestion, and directed 

me to communicate with Earl Bathurst, the subject falling 

more immediately under his Lordship's department, and I 

consequently transmitted a Copy of my Ideas to the Colonial 

Office. Soon after this period a Subscription was set on foot 

in the City for the relief of distressed Seamen, and others 

annoying the streets of London, and a sum of money was raised, 

more than adequate to the object. I endeavoured to engage 

the Committee of this fund to undertake my scheme, but 

without eflEect, at length Mr. Courtney said that he would 

introduce the subject to the Committee on the poor Laws, of 

which he was a member, and subsequently on the 7th February 

1819 wrote me the annexed Note No. 2. He afterwards 

28 Records of the Cape Cclony. 

expressed a desire, and took an opportunity at the House of 
Commons, where my attendance on the interests of the Colony 
was frequent, to introduce me to Mr. Sturges Bourne, the 
president of the Committee, who after much Conversatioii 
expressed a desire to promote the Object. The Session was 
far advanced, the Committee were to meet only once again 
before its close, which was to be the day but one next after 
this interview, against which Mr. Bourne begged me to collect 
what evidence I could, and attend the Meeting. I could think 
of no one so likely to give the Committee information, par- 
ticularly of a local nature as Mr. Burchell, with whom I ^wbb 
slightly acquainted, and who I knew to be at that time pre- 
paring his Botanical Work on the Cape. He was resident at 
Fulham, and the next day was occupied in engaging him to 
come forward on this occasion, having much difficulty to 
overcome his retired habits and disposition. We met by- 
appointment at Mr. Courtney's Office, at the Board of Controol, 
an hour before the Sitting of the Committee for the purpose 
(with Mr. Courtney'sassistance) of arranging a code of Questions 
best calculated to elicit the required information, but Mr. 
Courtney's engagements from the arrival of some Indian 
Despatches preventing his attention to us, the hour of Sitting 
arrived, and we were hurried before the Committee without 
any such previous preparation, which circumstance I mention 
to account for the irregular and perhaps irrelevant manner in 
which I felt our evidence was given. The result however was 
the immediate moving in the House by the Chancellor of the 
Exchequer of a vote of Fifty Thousand pounds for the purpose 
of giving encourisigement to Emigration to South Africa. 

Thus tho' but a worm at the foundation, yet as the first 
mover of the Stone I claim some right to a liberal participation 
in its consequences. 

Under this feeling and in relation to my own circumstances 
at the time, I addressed a Letter to Earl Bathurst, of which the 
Enclosure No. 3 is a Copy, and No. 4 the reply. 

I wrote to Mr. Goulbum as per No. 5, (by which you will 
perceive my intention is to call consideration to points which 
I thought might escape notice) to which No. 6 is the Official 
reply. I addressed Earl Bathurst as per No. 7, and No. 8 is 
the answer. 


\ (.-, 


Records of the Cape Colony. 29 

Previous to my embarkation on board His Majesty's ship 

Vigo for the Colony on the 27th March 1820, 1 applied for the 

promised letter as per No. 8 to the Governor, and No. 9 is the 

Copy of a Note accompanying the same. As soon as I had 

finally brought my affairs to a close, I presented this letter to 

the Acting Governor Sir Bufane Donkin, and subsequently I 

presented a Memorial of which No. 10 is a Copy, and No. 11 

the reply. And in February 1821 I set out from Cape Town, 

taking with me a person of the name of Dunn, who had come 

out at my suggestion, and who, having been brought up as a 

Country Auctioneer and appraiser of Land and Stock, I 

thought might be useful to my views for the District of the 

;i::: new Settlement, visiting on my Route every intermediate Bay, 

0!i; Port and River, and being joined in my expedition by Mr. B. 

Moodie and Lieut. Donald Moodie, from the one I gathered 

information of the Interior, and was assisted by the other in 

Ife: forming my opinion of the nautical practicability of the 

0: various Bays and Rivers. 

jif:: We arrived at Bathurst, and viewed the condition of the 

^/jjr surrounding Settlers, then at least promising. I visited the 
J jic; mouth of the Kowie, traversed and sounded it with Lieut. 

Moodie, and was I believe the first to suggest to the Acting 
Governor Sir Rufane, whom I met at Bathurst, the prac- 
^ ifT. ticability and advantages of such a commimication. I formed 

fjre: my opinion and my plans, and referring to my sentiments, 

expressed in my address to Earl Bathurst (No. 7) and to much 
earlier opinions to the Board of Trade, which I can produce, 
that in establishing a commercial connexion with a New 
Settlement of this sort it is necessary to ascertain how or in 
what manner you are to be paid for your supplies. I at this 
^i,^ period formed the opinion that Cattle was the readiest circu- 

)at; fating medium of this and the back or Northern Districts, 

most natural produce and the only one that could be brou^t 
into early operation, all others being remote, and therefore if 
ik I could take cattle in payment of my goods I should establish 

an advantageous Connexion for them and for myself. 

The next question was how to appropriate this produce. 
ci I made my calculations, and altho' I knew the undeilafiing to 

•i have failed on a former occasion, and from the result to be 

ii deemed impracticable, I flattered myself with better success, 

Dlf J-' 



30 Hecords of the Cape Colony. 

and better knowledge of markets, and determined to resume 
the experiment of Salting Beef for the Supply of the Navy, 
of Shipping, and for exportation to various markets then in 
my contemplation, and of drying the Hides &c. so as to render 
this an important available return. 

In furtherance of this view, tho' unexplained to Sir Bufane 
Donkin, and consistent with the view I have taken of this 
Subject from the Commencement and set out upon as will 
appear from the Chain of Documents submitted, I solicited of 
the Acting Governor a Grant of Land at the Mouth and on the 
right bank of the Kowie, the opposite side being in the occu- 
pation of Mr. Thornhill ; this was at first refused on the plea 
of being already, and only the day before granted, but having 
some idea that Sir Rufane was misinformed on this point, I 
was obliged to assert a priority of claim founded upon a portion 
of the circumstances herein detailed, and it being found on 
investigation that I was correct and that the Land in question 
was unalienated at the time of my request, I obtained the 
promise of 2,000 Morgens situated according to my desire, and 
I mention these circumstances in connexion with my first 
position, merely to shew that almost any other person might 
have had the same, and that such grants were common at this 
time, before and since. 

I have stated that I believed I was the first to suggest the 
practicability and advantages of a Communication by the 
Kowie, an acknowledgement which I believe is upon record in 
the Cape Gazette under the designation of a Commercial Man, 
and I believe my own subsequent shewing caused my Grant to 
be thrown back, one if not two Miles from the Mouth of the 
River, at which however I was promised to be allowed one 
hundred yards frontage for the purpose of erecting Stores &c. 

Tho' no part of the condition of the Grant, I promised Sir 
Ittufane in subsequent conversation that I would manifest the 
practicability of the River and open the communication, and 
I Wote to my correspondents in England on the subject of 
sending, out an Humber Keel, as they are called, a kind of 
vess'?»l I considered the best calculated for the purpose. With 
these \:iews having likewise an Erf given me in the projected 
Town of SBathurst, I commenced by enclosing and building a 
Cottage tJ^ereon for the temporary residence of Mr. Dunn, part 

Becords of the Cape Colony. 31 

of a plan for bmlding a more regular House and Stores when 
laihoT should be somewhat reduced. 

At this period a degree of spirit was infused into the minds 
of the Settlers, Bathurst was promising to rise fast, it was 
raade the Seat of a Drostdy or Sub-Drostdy, a Drostdy House 
was building, other Government Buildings were projected 
immediately opposite my own Erf, temporary Barracks were 
erected, and it was understood that a portion of the Military 
(the readied foundation of a new Settlement or Town) would 
be stationed there. 

I left Bathurst, leaving Mr. Dunn to represent me, and leaving 
in his possession efiPects and money to the amount of Eds. 
5000 for the prosecution of my views. I went to Port Elizabeth, 
and my Erf there being ill-situated, having been marked out 
for me unselected in Cape Town, I purchased part of another 
more suitable to my objects, for which I gave fifteen hundred 
Rix Dollars to a Dutch Colonist, and immediately directed a 
Store to be built upon it, viewing a connexion between Port 
Elizabeth and the Kowie to be indispensable. 

On my arrival in Cape Town, I immediately dispatch a 
Schooner (the Elizabeth of 25 Tons) with Merchandize for the 
Kowie, after some difficulty and disappointment which will 
be easily comprehended I (that is the vessel) eJBfected the first 
entrance of any Craft into the Kowie, and discharged her 
Cargo in the River. She returns to Port Elizabeth, reloads 
and re-enters the Kowie and discharges. I then order her 
round to Cape Town, but in attempting to weather Cape 
Recife she is driven upon the Rocks and totally lost. Some 
circumstances arising out of the nature of the undertaking 
rendering the Insurance questionable, I am at present the 
Loser of at least Ten Thousand Rix Dollars by this part of the 

I have established an Agent, Mr. Andrew Nicol, at Port 
Elizabeth, which has given much faciHty to the Shipping 
visiting that Port. I have at least thirty if not Forty Thousand 
Rix Dollars Capital floating between my two Establishments 
of Bathurst and Port Elizabeth, from which my Agents only 
have hitherto derived one tittle of benefit, not a Stiver having 
yet reached me. 

In the meantime the views of Government changed, the 

32 Seeords of the Cape Colony. 

fostering hand of power was withdrawn from Bathurst. The 
Military were removed. The Drostdy and other public 
Buildings discontinued, and it was understood the whole were 
to be concentrated in Graham's Town, and the practicability 
of the Kowie, as far as Government was concerned, was con- 
sidered visionary. Bathurst consequently and necessarily sunk. 

You Gentlemen will visit it, and you will find that my 
Agent, Mr. Dunn, supported by me from that time (June 1821) 
to this day by a Salary of Bds. 100 per month besides House 
Bent and Garden, in firm maintenance of my origiaal views, 
tho' paralyzed by this change of circumstance, is almost the 
only remaining vestige of the once promising town of Bathurst, 
and you will say, Gentlemen, on reading this statement of 
facts, whether I have not paid sufficiently dear for the Grant 
in question, which is rendered valuable only by my own par- 
ticular views of its appropriation, separated from which you 
will find in the course of your investigation, that a Dutch or 
German Colonist would scarce pay the fees of Office for its 
attainment, and I am sure you will on comparing the circum- 
stances of the Grant with others, which wiU no doubt fall 
under your Observation, excuse my expressing some surprise, 
whence and how it should become an object of particular 
enquiry, having, I am sure, on my part taken no imdue 
measures for its acquirement, and I cannot on the contrary 
but feel a little disappointment when on a rechange of the views 
of Government with respect to the Kowie these circumstances 
and pretensions should be lost sight of, and others placed in a 
situation to reap the benefit of my blighted prospects. 

I have now Gentlemen to state to you, how far I have 
proceeded in carrying my views into effect, and how they have 
been necessarily paralyzed by these events, and to shew that I 
have left nothing 'unturned that my individual agency, unsup- 
ported and unaided, could effect towards their accomplishment. 

Previous to my setting out for the frontier in 1821, I 
endeavored to engage Rear Admiral Lambert, then com- 
manding the naval force on this station, to draw his supplies 
of Cattle required for St. Helena from Algoa Bay, as being 
cheaper and better, but the Bear Admiral declined the sug- 
gestion, on account of the increased distance and difficulty of 
Navigation for tne conveyance of Live Stock. In 1822, the 

Recotds of the Cape Colony, 33 

earliest possible period (the Seasons for Salting being confined 
to the months of May, June, July, and August), Mr. Dunn 
Salted a few Casks of Beef by way of experiment, the Casks 
being made of the Wood of the District, anrf sent them to me. 
I sent samples to H.M.S. Andromache^ but the pickle having 
leaked out, the Beef was only partially approved, and I derived 
no farther benefit than the experience. 

I afterwards engaged Capt. Owen of H.M.S. Leven, com- 
manding the Squadron employed in the Survey of the East 
Coast of Africa, to try the experiment, and he ordered three 
months supply prepared for him against his return to 
Algoa Bay the following April, this was therefore Salted out of 
the usual Season and ready for delivery at the time appointed, 
but owing to the loss of H.M. Schooner Cockburn, attached to 
the Squadron, Captain Owen becoming inconvenienced in 
Stowage, this Beef was not taken, and a proportionate Surplus 
now remains on hand in Algoa Bay. Mr. Dunn continued 
Salting in the Months of May, and Jime, and furnished me in 
the whole about Sixty Casks of upwards of 330 lbs. each. 

In October last H.M.S. Andromache being in Algoa Bay, 
and the Commodore visiting Bathurst in person, and the 
superiority of the pasturage, appearance of the Cattle, &c., 
being evident, and viewing the importance of the object to the 
Colony, he was induced to receive on board Twenty One Casks 
of this Beef, upon the understanding that for what proved good 
and fit for H.M. Service I should be paid at the rate of Irish 
Beef supplied to the Victuallinjg Yard in Simon's Bay, but the 
risk and responsibility of its proving so good and fit remained 
with me. The Andromache being destined on a Cruize to the 
Mozambique Channel, Madagascar &c., the trial was a desirable 
tho' an arduous one, and for the unquestionable success of it 
I appeal to the Commodore, founded on- the survey and 
examination of the proper officers of the Ship, the men I know 
found it far superior to the Irish, and one cask of this quantity 
has been reserved and deposited in the Victualling Stores in 
Simon's Bay for further proof of time. This Supply of 21 
Casks was taken promiscuously from the pile I have stated as 
being at Algoa Bay and part of it, (the numbers appearing to 
run from No. 1 to No. 44) was that prepared for Captain Owen 
and salted in March last. 


34 Records of the Cape Colony. 

I have thus at considerable labor and expence proved the 
practicability of rendering this an Article of valuable export 
from the District in question, as originally devised, and I am 
now soliciting Government for support and some exclusive 
protection to an undertaking of the kind on such a scale as to 
render it an object of Colonial importance. 

I have stated that my views on this subject were paralysed 
by the change of circumstances at Bathurst. When Bathurst 
was, as I have stated, promising to rise into importance and 
made a Station for Military, when Government Stores were 
projected at the Mouth of the Kowie on the left Bank, and 
consequent Military protection rendered necessary at that 
point, I could with comparative Safety, as your observation 
will point put, collect a quantity of Cattle on the grant of Land 
in question, but the moment these positions were abandoned 
by Government this Security vanished, and your information 
on the then and the present state of the Caffres will point out 
to you that it would have been the height of temerity to have 
prosecuted such a scheme beyond the course of experiment I 
have pursued, and that it is not until definitive and confident 
protection shall be given to this part of the District, that I can 
prosecute my views with any reasonable prospect. 

I have now Gentlemen given you at least a circumstantial 
Account and explanation of this transaction, and of my relative 
views, and I commit myself to your impartial judgment, with 
the hope that these views may find some support from your 
favorable representation. 

I have perhaps troubled you with much irrelevant matter, 
but I have thought it best to be thoroughly explicit, and place 
the entire chain of circumstances before you, and I have only 
to add, with respect to those further grounds of Claim to the 
favorable consideration of Government, as set forth in my 
Memorial No. 10, that for the reasons assigned, combined with 
the want of time, I cannot transmit them by this conveyance, 
but I shall be prepared on the looked for return of your 
Commission to Cape Town, to submit to you such proof 
of the Services I rendered the Colony in the way stated, 
as will satisfy you that I have not advanced an untenable 
position. I have &c. 

(Signed) Henry Noursb. 


Becords of the Cape Colony. 35 

[Office Copy.] 
LeXitr from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, 31«^ January 1824. 

My Lord, — I have the honour to acknowledge the receipt 
of your Lordship's despatch, No. 60, of the 4th November last, 
stating that you had commenced drawing Bills upon His 
Majesty's Treasury for the sum of £125,000 sterling, in order 
to provide for the relief of the inhabitants of the Cape of Good 
Hope, agreeably to arrangements sanctioned in my despatch 
of the 15th of November 1822. 

After having been encouraged to hope, from previous com- 
munications received from your Lordship, that you would not 
have occasion to draw for any part of this money, it is with 
great concern, as well as surprise, that I find, from your 
despatch now before me, that the whole amount thereof will 
probably be required. Such an intimation has imposed upon 
me the necessity of directing that the circumstances which 
have caused sq unexpected a demand should be fully explained 
by your Lordship, and that your explanatory despatch should 
be accompanied with an exact statement of the distribution 
which you propose to make of the money in question. 

As the Commissioners of Enquiry have been directed to 
report upon the expediency of the measures your Lordship has 
considered it necessary to adopt, with a view of reheving the 
difficulties of the colonists, it will be advisable that you should 
communicate with those gentlemen upon the subject, apprising 
them of the arrangements you have made for the distribution 
of the assistance to be granted, and placing in their possession 
whatever information may have decided your Lordship to 
avail yourself, at the present time, of the arrangements sanc- 
tioned in my despatch before mentioned. With such infor- 
mation, in addition to their own observation of the state of 
the Colony, the Commission of Enquiry will be enabled to fulfil 
the instructions which are now sent to them — instructions 
which are equally necessary on your Lordship's account, and 
for the satisfaction of the Treasury and ParKament. 

I have &c. 
(Signed) Bathurst. 
D 2 

36 Becords of the Cape Colony. 

[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Sombbset. 

Colonial Office, London, 31»* January 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
your Lordship's dispatch No. 54 of the 8th October last stating 
the grounds on which you have been induced to direct that a 
House situated in Graham's Town should be purchased as a 
Residence for the Secretary of the district of Albany and re- 
questing that the sum required for this contingent service, 
amounting to ten thousand Rix Dollars, may be admitted as 
a charge in the accounts of your Government. 

Although I am not disposed to withhold my sanction from 
a measure which appears to have been adopted by your 
Lordship in order to diminish a charge which under the general 
regulations of the Colony, the Secretary of the district of 
Albany has been allowed to make on account of House Rent, 
yet I cannot allow the present occasion to pass without ex- 
pressing my hope that the purchase in question has not been 
concluded without an express reservation that fulfilment of 
the contract should depend upon the sanction of His Majesty's 
Government, as an unconditional agreetnent would have been 
justifiable only in a case where a positive emergency rendered 
it necessary that a contingent charge exceeding £200 sterling 
should be sanctioned by your Lordship without previous 
reference to this Country. I have &c. 

(Signed) Bathurst. 

[Office Copy.] 
Leiter from Earl Bathurst to the Commissioners of Enquiry. 

Downing Street, London, 31«< January 1824. 

Gentlemen, — I transmit to you herewith a copy of a 
despatch which I have addressed to Lord Charles Somerset, 
in answer to a letter which I have recently received from his 
Lordship, in which he states that the distresses of the colonists 

B^wnls of iA€ Capt (.Vt>«y. ST 

had induced him to commeiice drawing Bills opcm tlie Lords 
Commissioners of the Treasmy to the amoont of £125.000 
agreeably to airangemerits sanctioned in m j despatch d the 
loth NoTembo* 182:^ of which a copy is also transmitted 

And I have to desire jron would take the subject of this 
correspondence into your immediate consideration, and after 
communicating with Lord Charles Somerset thereupon, report 
to me, for the inf<»mation of His Majesty^s Goyemment^ your 
opinion upon the expediencies of the measures which His 
Lordship has now considered it necessary to adopt, with a view 
to relieve the present distresses of the inhabitants of the Cape 
of Good Hope ; and that you would also report upon the 
distribution which his Lordship proposes to make of the money 
in question. I have &c. 

(Signed) Bathurst. 

Letter from Lord Charles Somsrsst to Earl Bathurst* 

Cape of Qood Hops, 3lal Jo»ii4<iry 1824. 

My Lord, — ^I have had the honor to receive your Lordship's 
Despateh of the 2l8t of July No. 72, with Six Enclosures, 
containing Copies of the Circular Instructions which your 
Lordship had addressed to the Several Governors of His 
Majesty's Possessions in the West Indies, in conformity to 
certain Resolutions which had been unanimously adopted by 
the House of Commons in the last Session. 

In reply to the Copy of the Instructions marked A of the 
28th of May 1823, I have the honor to inform your Lordship, 
that the flogging of Female Slaves in this Settlement has been 
prohibited, that the flogging of Males under the Authority of 
the Magistrates has long since been forbidden to exceed, even 
in extreme cases, 39 Stripes, and that by the 17th Clause of 
my Proclamation of the 18th March 1823, herewith enclosed 
(No. 1) establishing a general improvement in the condition 
of the Slaves here, the domestic correction of the Males is 

38 Records of the Cape Colony, 

confined to 26 Stripes and to what may be considered a mild 
domestic correction, and that there is also a restriction as to 
the implement with which such limited domestic correction 
is to be inflicted. The practice of using the Whip, or driving 
Slaves to their work by the Sound of it, is totally unknown in 
this Settlement. 

In answer to your Lordship's Circular of the 9th of Jtdy, 
relative to the importance of establishing the means of Religious 
Instruction for the Slaves, I am happy in being able to call 
your Lordship's attention to the 4th Clause of the enclosed 
Proclamation, in which you will perceive that I have been 
prompted by views Similar to those which have guided your 
Lordship on this Subject, and that the means for attaining 
that object, as far as they can be usefully employed at present, 
have been established here. A Statement of the expence 
which will be incurred for the Establishment on that Head, 
as nearly as it can at present be calculated, I have the honor 
to transmit (No. 2) and the assurance which your Lordship 
giveg me that His Majesty's Government will not hesitate to 
apply to Parliament for such pecuniary grant as may be 
necessary for these establishments, will render the measure 
extremely palatable and enable me to continue it upon the 
most eJBfective and beneficial principles. There being no 
Sunday Market in this Settlement and the Sabbath being 
observed as a day of Rest, the clause on that subject requires 
no comment. 

Relative to the admission of the Evidence of a Slave in the 
Courts of Judicature at the Cape of Good Hope, if I might 
presume to offer an opinion to your Lordship on a subject of 
this Magnitude, I should recommend that the Law existing here 
respecting it should not be disturbed. The 12th Clause of the 
enclosed Proclamation admits the Evidence of Slaves who have 
been baptized. And it is necessary for me to explain to your 
Lordship that no adult receives Baptism here until he has 
undergone Examination by one of the established Clergymen 
and has been found to possess such a degree of Rehgious 
information as entitles him to receive that Holy Sacrament. 
Previous however to the enactment alluded to in the 12th 
clause of that Proclamation, the Evidence of Slaves not having 
received Baptism was admitted in the Courts of this Colony 

Records of the Cape Colony. 39 

in cases where every circumstance corroborated the testimony 

In October 1822 J. W. L. Gebhardt (the son of the Revd. 
Mr. Gebhardt) was tried for excessive punishment of a slave 
which caused his Death and condemned upon the Evidence of 
Slaves, none of whom had been baptized, and there was no 
other Evidence than that of these Slaves adduced for the 
Prosecution, except that of the Members of the Inquest (and 
the Surgeon attending it) which sat upon the Body after 

Respecting the Marriage of Slaves, I beg to refer your Lord- 
ship to the 6th, 6th and 7th Clauses of the Proclamation 
enclosed, by which I trust every provision is made on that 

Upon the Subject of the Manumission of Slaves, I will 
immediately direct your Lordship's Instructions to be put in 
Execution ; but it may be proper to explain to your Lordship 
that there is at present no Tax of any kind laid upon manu- 
missions at the Cape of Grood Hope. The Law, as it stands, 
only requires a payment of 60 Rixdollars (about £4 Sterling) 
to the Church fund to entitle the manumitted Slaves to main- 
tenance when old, infirm or rendered incapable of supporting 
themselves. To guard against any fraudulent motive for 
manumitting a Slave, no manumission can take place except 
under the express sanction of the Governor for the time being, 
who requires certificates to prevent the mischiefs alluded to in 
this clause of your Lordship's Despatch. Nothing is more 
conmion here than for a Slave to purchase his own freedom, 
and any agreement between the Master and Slave for that 
object is recognized and becomes effective. I am not aware 
that any obstacle to manumission can arise from the circum- 
stance of Slaves being mortgaged or from an uncertainty as 
to whom they belong, as the Slave Registry appears clearly to 
obviate the latter and the necessity of enregistering all mort- 
gages at the Colonial Office fully prevents the former ; I will 
however refer this subject particularly to the Chief Justice, 
and if any difficulties can arise, will require him to suggest 
such provisions in the Law as shall meet your Lordship's 
views on this point. 

The loss of Deeds of Manumission is already provided for 


40 Records of tlie Cape Colony. 

by the Regulations of the Slave Registry, as no one can be a 
Slave at the Cape of Good Hope who is not identified in that 

With respect to the Sale of Slaves with other property, it 
appears that the Laws argued upon by your Lordship attach 
solely to the West India Islands ; the 7th clause of the enclosed 
Proclamation provides against the Separation of man and wife 
or mother and children by Sale. 

Relative to the domestic punishment of a Slave being 
deferred 'till the following day, and to a Plantation Book 
being kept for the purpose of making Entries of such punish- 
ment, the nature of the offences committed and the free 
persons present at the punishment, I conceive such a Regulation 
totally inapplicable here, although I conclude highly necessary 
in the West India Islands. 

Your Lordship will perceive how strongly protected against 
ill treatment or undue punishment the Slave at the Cape of 
Good Hope is by the 16th, 17th, 18th, 19th and 20th Clauses 
of the Proclamation of the 18th March 1823, and in this thinly 
peopled Country where a Boor possesses perhaps only one 
Slave and that neither he nor any Member of his Family can 
write, it would be next to impracticable to carry this measure 
into execution ; and the attempt to enact it might cause a 
ferment and a degree of dissatisfaction extremely embarrassing 
to the Government. 

Upon the next point in your Lordship's Despatch, the Saving 
Bank, I have the honor to inform your Lordship that I estab- 
lished one here shortly after my return from England. 

I have now touched upon all the points to which your Lord- 
ship's Circular Letter of the 9th July 1823 has called the 
attention of the Governors of the British Colonies, with the 
view of giving your Lordship the best information which my 
Local experience enables me to supply ; and if I have repre- 
sented any of the measures recommended by your Lordship 
as not applicable in this Colony, I hope your Lordship will 
believe that it has not arisen from any want of anxiety or ab- 
sence of inclination in the cause of the Slaves or in the adoption 
of measures suggested by your Lordship for ameliorating their 
condition, as I trust my Proclamation, of the 18th March last 
sufl&ciently proves, but there exists scarcely any Similarity 

Records of the Cape Colony. 41 

(except in the name of Slavery) between the condition, the 
treatment and the Labour of the Slave in this Colony and the 
Slave in the West India Islands. I have &c. 

(Signed) Chablss Henby Somerset. 

[Enclosure 1 in the above.] 
Proclamation of the \%th March 1823. 

[Enclosure 2 in the above.] 

Estimate of Expence for erecting Schools for Slave Children, 
Dwellings for the Masters, and the amount of their Salaries 
and the Sums required for maintaining these Establish- 
ments throughout the Colony of the Cape of Good Hope. 

15 School Houses, each to be divided into two Apartments, one for 
Boys, the other for Girls, the Partitions to be thrown open 
daring the performance of Divine Worship, at Rds. 6000 
each Rds. 76,000 

For Apartments to be added for a Dwelling for the Master, at 

Rds. 1000 each . 16,000 

Fitting up with Forms, Tables, Desks, &c., at Rds. 1000 each . 16,000 

Capital laid out . . . .Rix dollars 106,000 


Salaries of 15 Schoobnasters, at Rds. 600 each . . . Rds. 9,000 
Salaries of 15 Schoolmistresses for the female Scholars at Rds. 360 

. each 5,400 

Repairs, Books, Slates, &c., computed at annually . . . 4,600 

Annual Expenditure .... Rds. 18,900 

The above Expence will fall heavily upon the respective 
Districts, and were a Grant made by Parliament for defraying 
the first expenditure (say £10,000) it would have a most 
beneficial eflEect in promoting the general measure and be 
most gratefully felt by the Colonists. 

42 Becw'ds of the Cape Colony. 

Letter from Lord Charles Somerset to Earl Bathitrst. 

Cape of Good Hope, lat February 1824. 

My Lord, — I have had the honor to receive Your Lordship's 
Despatch of the 10th of August last No. 73, and it is with deep 
regret that I remark your Lordship's displeasure upon my 
having issued the Proclamation for bettering the condition 
and treatment of the Slaves in this Colony on the 18th March 
1823 ; but I trust that your Lordship will be satisfied upon that 
Point when I shall have had the honor to state the motives by 
which I was actuated, and shall have more fully explained 
the Clauses which appear objectionable to your Lordship, and 
which I shall take in the order in which your Lordship has 
observed upon them. 

The objection stated by your Lordship to the 12th Clause I 
have fully explained in my Despatch of yesterday's Date No. 70, 
by which your Lordship will perceive that the admission of 
Slave Evidence under particular circumstances is no new Law 
here, and that no adult Slave is baptized unless the Clergyman 
administering that Holy Sacrament finds, that the Slave has 
proceeded so far in Christian knowledge as to entitle him to 
partake of it. 

With respect to Clause 4th. The making it compulsory only 
as it regards the Slave Children of Christian Proprietors will I 
beUeve be found consistent with every principle of the British 
Constitution. There are a few Mahomedan Slave Proprietors 
here, their Slaves are also Mahomedans, and it may perhaps 
occur to your Lordship upon further consideration, that it 
would be a stretch of power and assume a character of Des- 
potism, not recognized by any British Law, to compel the 
children of Mahomedans to become Christians, and the attempt 
might lead to 'serious Commotion. The advantages that are 
offered by the Establishment of Schools are great, and every 
fair Inducement to become Christians is held out. 

With regard to clauses 8 and 9. Whatever the result may 
appear in Theory I ascertained previous to framing them that 
in Practice here they would have the eflEect of inducing Slaves 
to become Christians by that little variation in the age of 

Rewrds of the Cape Colony. 43 

separation, and that the children of 8 years old are too young 
for Persons to be desirous of purchasing them without their 

In Clause 10 Your Lordship is desirous of being informed 
why the Proprietor of a Child bom out of Wedlock should not 
be compelled to have it baptized ? Of all the difficulties that 
presented themselves in framing this Proclamation, (and they 
were numberless) there was perhaps no one that was less easy 
of Decision than this. Two main objects were to be attained : 
the one to induce Heathens to embrace Christianity, the other 
to check the System of Concubinage, so general amongst Slaves, 
and to establish lawful Marriages. 

The Clergy refuse to marry Slaves who are not Christians, 
and they do not baptize them unless (as has been above 
explained) they have received religious Impressions which 
entitle them thereto. Under these considerations it was after 
much Investigation deemed right to make it compulsory on all 
Proprietors to have their Slave children bom in Wedlock 
baptized, as it was thought by those most acquainted with the 
feelings of the Slaves to be the best Encouragement to Matri- 
mony amongst them. 

To Clause 17 I have replied in my Despatch of yesterday 
No. 70. 

With regard to there being no Directions in the Proclamation 
as to the Courts in which the Penalties are to be recovered or 
as to the persons by whom an Action for the recovery of them 
is to be maintained, I have to observe that there is no choice 
of Courts here. The Court of Justice is the only Court in Cape 
Town, and the Fiscal is there the Public Prosecutor. 

In the Country Districts the only Courts are those of the 
Landdrost and Heemraden, and the Secretaries to the respective 
Districts are the Public Prosecutors. 

It is now necessary for me to explain to Your Lordship the 
Inducements I had to issue the Proclamation previous to sub- 
mitting it for your Lordship's sanction. 

I had not learnt in the Month of February (when I was 
framing this Proclamation) that new Laws respecting the Slaves 
were likely to be enacted in the Month of June following, and 
from Enquiries I had made of Persons, competent to give me 
the Information, I found that every Circumstance relating to 

44 Records of the Cape Colony. 

Slavery in the West Indies was so completely at variance with 
the Slavery in this Colony, that the Laws which would suit 
the one would be totally inapplicable to the other, and the 
further I dived iuto the Customs, Habits and Employments of 
the Slaves here, the more I found that all Regulations which 
it would be wise to make, must depend upon local Information 
and Experience. 

Another consideration acted very powerfully in my mind. 
Slaves are the only property of any value in this colony. Land 
is of none in comparison, and it will occur to Your Lordship 
how nicely it was necessary to balance any Interference not 
only with the most valuable Property of Individuals, but with 
their feelings and authority. Authority that had grown with 
their growth, and strengthened with their strength, and which 
they regarded as a Birthright sanctioned and confirmed by the 
Laws of the Mother Country. 

The Impression made by the Execution of the Son of the 
Revd. Mr. Gebhardt presented an opportunity not to be lost. 
I felt it, and availed myseM of it to declare, (in affirming as 
Judge in the Court of Appeals the Sentence passed by the Court 
below on that Individual) my intention of considering the 
Condition and Treatment of the Slave Population. Had I 
delayed, that Impression might have worn oflE and I should 
have had to struggle with prejudices and feelings hostile to the 
humane object I was so anxious to attain and in which Your 
Lordship and His Majesty's Government have been so laudably 
employed. I have &c. 

(Signed) Charles Henry Somerset. 

Letter from Lord Somerset to Earl Bathtjrst. 

Cape of Good Hope, 2nd February 1824. 

My Lord, — Considering that the distant period fixed (1st of 
January 1827) for establishing the English Language exclu- 
sively in the Legal Courts in this Colony had reference solely 
to an expectation that the Language of the Mother Country 

Records of the Cape Colony, 45 

was not likely to be in general use at an earlier period, and 
finding that, in almost every case brought before the local 
Court of the District of Albany, the parties use English, and 
taking also into consideration that the only two (out of Seven 
Members who compose that Court) who are not Englishmen 
bom, are well acquainted with the English Language, I have 
deemed it expedient to promulgate the Pjroclamation herewith 
transmitted, which I trust will meet with your Lordship's 
fullest Approbation. I have &c. 

(Signed) Charles Henry Somerset. 


LeUer from Mr. William Edwards to Lord Charles 


26 Long Mabket Street, 3rd February 1824. 

My Lord, — ^Mr. Cooke having this morning requested me to 
accompany him to England for the purpose of prosecuting his 
complaint against Mr. Blair to the Lords of the Treasury and 
the House of Commons, we jointly waited on the Fiscal to take 
the usual oath preparatory to obtaim'ng a passport, which Mr. 
Denyssen refused to administer because he had received from 
your Excellency the Memorial which I had the honor to request 
you officially to forward. 

As I am convinced it would be an injustice to believe you 
had intercepted the complaint of one of His Majesty's Subjects 
to the proper Metropolitan authorities, I request your Lordship 
will be pleased to direct that the obstruction may be removed, 
as Mr. Cooke is thus prevented from seeking for redress and 
wishes me to present a complaint to the House of Commons 
saying he is detained here that he may not seek for Justice 
where none ever sought in vain. I have &c. 

(Signed) W. Edwards. 

46 Records of the Cape Colony. 


Letter from the Assistant Secretary to Government to 
Mr. William Edwards. 

Colonial Gitice, Srd February 1824. 

Sir, — I am directed by His Excellency the Governor to 
acknowledge the receipt of your letter of this day's date, and 
to inform you that His Majesty's Fiscal having notified to His 
Excellency that Mr. L. Cooke's attendance before the supreme 
Court of Judicature here will be required for answering a 
charge which the course of his official duty has rendered it 
necessary for him to prefer against Mr. L. Cooke, and in which 
His Majesty's Fiscal also considers that you are implicated, 
His Excellency is compelled to withhold the requisite permission 
for yourself and Mr. L. Cooke to quit the Colony until the 
Proceedings alluded to by His Majesty's Fiscal shall have been 
terminated. I am &c. 

(Signed) P. G. Brink. 


Letter from Mr. William Edwards to Lord Charles 

25 Long Market Street, 3rd February 1824. 

My Lord, — Not feeling disposed to stoop tamely to this 
illegal interference of the Fiscal in interdicting all complaints 
to His Majesty's Minister, nor wishing again to send any 
Memorial thro' your Lordship, and yet unwilling to give you 
the slightest oflEence, I take the liberty of submitting to your 
Lordship the Copy of a Petition I mean to forward to a relation 
in Parliament by the Elisabeth, 

If you wish to have any phrase fairly altered I have not the 
least objection to conform to your wishes. 

I ever regretted that Mr. Blair forced Mr. Cooke to adopt 
these measures and reluctantly engaged in them altho' I do not 
so reluctantly engage in this complaint as I have no notion of 

Recw^ds of the Cape Colony. 47 

this omnipotent officer presuming to punish the People of 
England for endeavouring to exercise their most undoubted 
right. I have &c. 

(Signed) W. Edwards. 

[Enclosure in the above.] 

To the Honorable the Commons of the United Kingdom of 
Great Britain and Ireland in Parliament assembled, 

The Humble Petition of William Edwards of Cape Town in 
the Colony of the Cape of Good Hope, Notary, Sheweth, 

That being retained by Mr. Cooke a Merchant in Cape Town 
to prepare a statement of an insult he had received from the 
Colonial Collector of Customs on a Complaint to the Right 
Honorable the Lords of the Treasury he made the same in 
duplicate with evidence in support thereof attached thereto 
one copy of which he forwarded to England and a duplicate 
thro' His Excellency the Governor on the 23rd of January 

That being requested to accompany Mr. Cooke to London 
in order to conduct his complaint before their Lordships or 
your Honorable House as might be deemed most proper He 
this morning applied to the Office of the Fiscal for a Passport 
to leave the Colony for that purpose, which was refused, the 
said Fiscal alledging that he intended to prosecute applicants 
for writing such Memorial. 

That your Petitioner immediately wrote a letter to His 
Excellency the Governor a Copy of which is hereunto annexed, 
and received the answer also hereunto annexed from the 
Deputy Secretary to Government. 

That your Petitioner considering this conduct of the Fiscal 
in intercepting a complaint to their Lordships of the Treasury 
as a misdemeanour and infringement of the right of His 
Majesty's Subjects to lay their complaints before His Minister 
annexes a copy thereof and of the depositions in its support 
which were so intercepted. 

And humbly prays that you will cause the said Fiscal to be 
summoned to meet your Petitioner at the Bar of your Honorable 
House to answer for having so intercepted the said complaint 

48 Records of tlie Cape Colony, 

thereby as far as in him lay endangering the pure adminis- 
tration of Justice, and that protection from the insolence of 
office for which all His Majesty's English subjects so naturally 
look from the Metropolitan Grovemment. And he will ever 
pray &;c. 


LeUer from Lord Charles Somerset to Mr. William 

Newlands, Uh February 1824. 

Sir, — It appears by your Letter which you addressed to me 
yesterday marked private just received, that you are under a 
total misapprehension as to the cause of your and Mr. L. 
Cooke not obtaining at the present moment the necessary 
Certificates for quitting this Colony. The Law Officer of the 
Crown having reported to me that your and Mr. L. Cooke's 
attendance would be necessary in a cause he is, Ratione Officii, 
about to bring before the Court of Justice of this Colony, and 
consequently that the- ends of Justice would be frustrated by 
your or Mr. L. Cooke's departure previous to the decision of 
that suit, it becomes necessary that I should withhold the 
required Certificates, having ever considered it the first duty of 
a Governor to act in obedience to, and in support of the Laws 
of the Colony over which He presides. I am &c. 

(Signed) Charles Henry Somerset. 


Letter from Mr. William Edwards to Lord Charles 

Cape Town, ^th February 1824. 

My Lord, — As it appears by your Excellency's letter that 
I have misapprehended the conversation of Mr. Denyssen 
occasioned probably by his ignorance of the language in which 
he attempted to speak, I sincerely regret the trouble I have 
caused you. 

Records of the Cape Colony* 49 

' I submit with pleasure to all the directions or wishes of your 
Excellency, and shall now wait the result of the FiscaPs 
operations, holding him nevertheless responsible. I have &c. 

(Signed) W. Edwabds. 

Letter from Lord Charles Somerset to Earl Bathxjrst. 

Cafe of Good Hope, 5^ February 1824. 

My Lord, — I have done myself the honor within these feW 
days to reply to your Lordship's Despatch (Circular) of the 
9th July 1823 and that of the 10th August 1823 No. 73, and 
have now the honor of addressing myself to your Lordship in 
answer to your Lordship's Private and Confidential Despatch 
of the former date. 

The proposition contained therein, relative to the intro- 
duction of Task-work amongst the Slaves, is altogether, I fear, 
impracticable here ; the labor of the Slave in this Settlement 
being of a nature too various to admit of any organization to 
establish that measure, but your Lordship will observe that in 
the 16th Article of the Proclamation which I issued on the 
18 March 1823 for improving the condition and protecting the 
Slaves of this Colony, I particularly forbad the employment of 
Slaves beyond a limited number of Hours each day, unless 
they were remunerated for their extra work, which remuner- 
ation will tend to benefit the Slaves here in like manner with 
the advantages proposed for the West India Negroes, by 
entitling them to compensation for all work performed beyond 
the Task allotted to them. 

The other point to which your Lordship has pfiirticularly 
called my attention, is a general enactment that kll female 
Children bom subsequent to a certain period shall be free. 
Although there can be no doubt that at some remote period 
this measure would accompUsh the ultimate extinction of 
Slavery, still as it would deprive the Inhabitants of this Colony* 
in the same progression of the only property regarded as valu- 
able here, upon which species of property almost all Securities 

xvn, E 

60 Records of the Cape Colony. 

for Loans or Mortgages are given, I consider that >¥itfaout some 
moderate compensation for the emancipation of each female 
Infant, the measure would be felt as a direct privation of 
property, would shake all pecuniary transactions and excite a 
commotion and dissatisfaction extremely difficult to aUay. 
Were a compensation given, say £12 Sterling for each Female 
Infant after it had lived a week, the measure might be accom- 
plished in this Colony without a murmur under £6000 per 
annum, which Sum would of course gradually decrease as the 
measure proceeded. 

The Qualification recommended by Your Lordship of 
apprenticing for a certain number of years such female child 
to the Proprietor as a remuneration for the expence incurred 
in bringing her up, exists at present here with regard to appren- 
ticed Prize Negro and Hottentot Children, which is found to 
be the best Security for their being reared with care and 
experiencing kind treatment. I have &c. 

(Signed) Charles Henry Somerset. 

[Printed Slip.] 
Opening of a Church at Stellenbosch on the 5th of Febrvxiry 1824, 

On Thursday the 6th instant, the consecration of the Church, 
appropriated for Slaves and Slave Children, took place at 
Stellenbosch. His Excellency the Governor, attended by 
Captain Fitz Roy, the Landdrost, and Mrs. van Ryneveld, 
and all the principal Inhabitants of Stellenbosch and its 
vicinity, honored the ceremony with their attendance. An 
excellent Sermon was preached on. the occasion, by the Rev. 
Mr. Borcherds ; after which, the Rev. Mr. Paure addressed 
His Excellency in English, in which he expressed, in the most 
appropriate terms, the gratitude of the Inhabitants, for the 
very extensive means which had been afforded by His Excel- 
lency, for the ini^truction and the improvement in Religion 
and Morals of all classes of the Community. 

Records of the Cape^ Colony* 61 


LeUer from Mb. William Edwabds to Lord Charles 

Cape Town, 7«A February 1824. 

My Lord, — As it states in my letter of the 4th instant that 
I was willing to abide your Excellency's pleasure as to the. 
result of Mr. Denyssen's proceedings in the case of Mr. Blair 
without having first consulted my Client, and as he is dissatisfied 
with that measure in consequence of having other important 
business which requires his attendance in London, I am 
reluctantly compelled to prefer a Petition for him to Parliament 
against Mx, Denyssen. 

But seeing the measure pregnant with mischief to your 
Officers and perhaj)s trouble to yourself, I write to propose 
that Mr. Cooke may have his passport on giving security to 
answer the consequence of the charge alluded to by the Fiscal 
and the Deputy Secretary in his letter, and I will take the^ 
responsibility of proving the facts stated in the memorial on 
myself, as I have always avoided professionally setting forth 
things out of the reach of proof ; and I will remain here pro 
tempore to do this. 

In case permission or Bail is granted no Petition shall ba 
forwarded to Parliament until I see the result of the intended 
proceedings, when I may probably join Mr. Cooke in London. 

May I beg Your Excellency to inform me where I may 
address the copies of the papers and correspondence to the 
Commissioners of Enquiry, Mr. Cooke having been advised 
by several of his friends to do this. I have &c. 

(Signed) W. Edwards. 

£ 2 

52 Becords of the Cape Colony. 

LeUer from the Beyebbnd William Geaby to John Thomas 


Graham's Town, %1h February 1824. 

My dbab Sm, — ^WiH you as a private Individual, and a lover 
of Justice, and not in your Official Capacity, favor me with 
your Opinion as to the propriety of my despatching a copy 
of the following Note to Major Somerset ? Its nature will 
apprise you of the purport of my application to you. 

I cannot even guess, dear Sir, at the motive of this strange 
conduct, unless it be my' illuminating in common with many 
other quiet and loyal men in honour of your arrival. I am &c. 

(Signed) Wm. Geary. 


Letter from J. T. Bigge, Esqrb., to <Ae Reverend William 


Graham's Town, Sunday Morning. 

Dear Sib, — I must request that you will excuse me from 
giving any opinion whatever upon transmitting to Major 
Somerset the Letter, a copy of which you have done me the 
honor to enclose in your Note just received, 

I beg to remain &c. 

(Signed) J. T. Bigge. 

Note by the Reverend William Geary. 

N.B. As Mr. Bigge favored me with his unsohcited advice 
on a Case between the Colonial Government and myself on 
the day preceding, I construed his silence into a tacit permis- 
sion, presuming that the same kindness would hinder me from 
doing any act of indiscretion that might injure myself. 

Lord Charles Somerset, in consequence of this Letter, and 
for no other reason as declared in General Order dismissed me 
from the Military Chaplaincy, and the Military never attended 
Divine Service till my successor arrived at Graham's Town, a 
period of nine months. 

Records of the Cape Colony. 53 

Letter from the Reverend William Oeaby to Majob Somebset. 

Gbaham's Town, February Sth 1824. 

Sm, — ^While in the Pulpit of the Chapel this morning, 
(Sunday) expecting as usual the attendance of the Military, I 
observed the Troops halt in front of the Building, and then 
march away ! This message also from yourself was at the 
same time communicated to me by Brigade Major O'Reilly 
"That the Troops were not to attend Divine Service, till 
further Orders." * 

I think it my duty. Sir, as Chaplain to the Military to 
admonish you, that you are taking an awful responsibility 
on yourself (and for which at the last day you must render 
an Account) namely, how far personal pique to a Minister, for 
which you can assign no reason, authorises you to deprive the 
Military of the benefits of Divine Service. 

But whatever may be your feelings on this point, I think 
it but candour to yourself, and respect to my office to inform 
you, that unless you make an apology to me for this public, 
unprovoked, imprecedented and most wanton insult offered 
to a Clergyman of the Established Church, in actual attendance 
on his Official Duties, I shall instantly transmit a C!opy of this 
Note to my Lord Bathurst, who, I am confident, is too warm 
a friend to our Church Establishment to suffer the meanest 
of its Ministers to be thus grossly insulted ! 

I beg you to recollect that this is not the first time you have 
offered me this insult ! I am Sir &c. 

(Signed) Wiluam Geabtj 

* The real Instractions brought by the Brigade Major, were *-i That the 
Troops were to attend Divine Service no more 1 1 ^ 

94 Secords of the Cape Cclonf. 

Letter from the Commissionbbs of Enquiry to Eakl Bathxjest. 

GitAHAM*s Town, 9th February 1824. 

' My Lord, — ^It is not without reluctance and regret that we 
have formed the determination of submitting to your Lord- 
ship's early notice the conduct of an Individual in this Colony 
and of making any deviation from that strict line of duty that 
has hitherto withheld us (except in cases especially authorized 
by your Lordship) from the investigation of personal conduct. 
The hope however of averting the calamity of domestic 
dissension from the noble families of His Grace the Duke of 
Beaufort and of His Excellency Lord Charles Somerset, and the 
necessity that we feel of making your Lordship acquainted 
with the character of a person who violating a confidence 
reposed in him by a member of those families has risked the 
chance of spreading disunion among them for the purpose of 
gratifying feelings which we cannot but at present regard as 
mercenary, and has exposed to hazard in a discontented com- 
munity like this the character of Lord and Lady Charles 
Somerset, will (we feel confident) be a sufficient excuse in your 
Lordship's mind for the line of conduct that we have pursued. 
Soon after our arrival in this place on Wednesday last we 
were informed that the Reverend Mr. Geary, who has during 
the last three months been distinguished by the violence of 
his invectives against the Colonial Government and the 
l)istrict Magistrate Mr. Rivers for what he terms their oppres- 
sive conduct in reducing his fees as chaplain or resident Clergy- 
man of the District, had shewn to several persons a letter he 
had received from the Duchess of Beaufort, in which her Grace 
had been pleased to inform him that in consequence of a letter 
she had received from Lord Charles Somerset he would certainly 
be entitled to considerable fees in his present situation, and 
after expressing her satisfaction that a person of Mr. Geary's 
exalted piety and excellence had been appointed to a situation 
in which he was capable of rendering much service to the 
community, her Grace also expressed a hope that he would be 
of ^auch service to Lord and Lady Charles Somerset, " as they 
wer^^ot religious people." 
This\was the shape and terms in which the report first 

Records of the Cape Colony. 55 

reached us, and we had also reason to believe that it had been 
circulated throughout the community by the authority of and 
with some pains by the Reverend Mr. Geary himself. After 
conversing upon the subject with Major Somerset^ the Com- 
mandant of the Frontier and Son of Lord Charles Somerset, 
we agreed with him that it was most desirable to keep the 
report from the knowledge of Lord and Ijady Charles Somerset, 
and to endeavour if possible to prevent its transmission to 
England in any shape that might wound the feelings of the 
noble writer of the letter or aflEect the persons to whom it 

After some consideration of this report both with reference 
to its public consequences and to the conduct of the author, 
we determined to make some particular inquiry of one of 
the persons to whom (we were informed) it had been com- 
municated, having first learnt that she was one in whose 
discretion confidence might be placed. We accordingly pro- 
ceeded this morning to take her declaration, a copy which we 
now have the honor to enclose, by which your Lordship will 
at once be enabled to trace the malignity of motive that 
actuated Mr. Geary and the unparalleled treachery with which 
he has violated the confidence reposed in him by her Grace 
the Duchess of Beaufort. 

As we could not prevail upon ourselves to take any step that 
might be fatal to the interests of Mr. Geary without first 
informing him of such intention, we requested his attendance 
for that purpose. He admitted in our presence part of the 
opprobrious terms he is said to have applied to Mr. Rivers, 
confirmed the open perusal of the letter and the strict obligation 
to secrecy enjoined to him by the Duchess of Beaufort, but to 
our utter astonishment attempted to justify this worst and last 
act by the remoteness of the situation and by the small number 
of friends to whom he had disclosed the communication confided 
to him, as he admitted it was under a strict injunction of secrecy. 
Upon our requesting him to name those friends, he was unable 
to do so in more than one instance, and his inability to remember 
the person to whom he made so particular a disclosure as that 
which we have the honor to transmit has led us to infer and to 
apprehend that the knowledge of the report has been more 
widely circulated. . . 

56^ Records of the Cape Colony. 

In the course of our interview Mr. Geary offered and pressed 
us to peruse the Duchess of Beaufort's letter. This we posi- 
tively declined, but from his account of it we are induced to 
hope that the offensive interpretation that has been put upon 
one passage by the wife of Mr. Geary, and which we apprehend 
has found its way into the Community in the terms that it 
reached us, is not borne out by the real words of the letter 

Of this we trust your Lordship will receive a confirmation, 
if Mr. Greary should adopt the suggestion we have conveyed 
to him by enclosing the letter of the Duchess of Beaufort with 
any statement he may address to your Lordship. 

According to Mr. Geary's account of the letter the Duchess, 
after expressing her zealous hope that his services will be 
beneficial to the inhabitants of this part of the Colony, trusts 
that they will be equally beneficial to Lord and Lady 
Somerset, to whom tho' she gives credit for possessing good 
and amiable quaUties yet she is not aware that they are 
influenced by the " highest motives " (inferred to mean) those 
of religion. ' 

The strict injunction of secrecy which Mr. Geary fully 
admitted appeared to have followed this passage. 

Although we had great satisfaction in finding that the direct 
imputation conveyed in the first report was much mitigated by 
Mr. Geary's repetition of the passage, and felt some difficulty 
in suppressing the sentiments of indignation that his insen- 
sibility to the disgrace of violating such a sacred confidence 
had created, we yet felt it our duty to recommend to him to 
take an early opportunity of explaining himself as far as possible 
to your Lordship, to meet the statement that we intended to 
make of this transaction, and to use every means in his power 
to check the further propagation of the report in this Colony 
or in England. 

We feel certain that by placing Your Lordship in possession 
of it as well as of the authority and circumstances from whence 
it originated, we have adopted the best means for ensuring the 
tranquilUty of the noble Families to whom it relates, and having 
done this we trust that we have not overstepped the bounds 
of our duty if we have afforded your Lordship an opportunity 
of judging of the character of a man who must from his situation 

JRecords of tJie Cape Colony. 57 

possess some degree of influence over the members of this 

Of his claim for more liberal remuneration in the shape of 
fees than has been allowed him in a schedule lately published 
by the authority of Lord Charles Somerset, of the refusal of 
glebe land, or of a grant of land and of other personal grievances 
from which Mr. Geary hopes to justify the irritation of mind 
under which he has been led to commit this and many other 
acts of vehemence, we forbear at present to speak. The former 
he has not yet submitted to us, if even we shall deem them fit 
subjects for our investigation ; the latter we forbear to enter 
upon, as they have been made the subject of prosecution that 
is now pending in one of the Courts of Justice. We have &c. 

(Signed) John Thomas Bigoe, 

William M. G. Colbbrookb. 

P.S. Since writing the foregoing letter we have received 
one from Mr. Geary which we beg to enclose to your Lordship, 
together with the reply that we have sent to it. 

We regret that he should not have complied with our recom- 
mendation to send the letter of the Duchess of Beaufort under 
seal to your Lordship, and it only remains for us to hope 
that the ill consequences to be apprehended from the conduct 
of the person in whose hands this document remains may be 
as far as possible averted. 

[Enclosure in the above.] 

Graham's Town, 9ih February 1824. 

Mrs. Onkruydt (wife of Mr. Onkruydt Acting Secretary to 
the District and District Clerk) states to the Commissioners 
that about two months ago she called upon Mr. and Mrs. 
Geary at their house in Graham's Town. She found them at 
home and alone. 

The first subject of conversation started by Mr. Geary was 
that Mr. Rivers the Landdrost had taken away his (Mr. 
Geary's) fees. He even said that Mr. Rivers was a thief, and 
had robbed his children of their bread. 

He then said that the Duchess of Beaufort had promised 
that he should have his fees, and he would shew Mrs. Onkruydt 
a letter to that effect. He proceeded to open his writing case. 

68 iUcords of the Cape Colony. 

and taking from it a letter, offered it to the Declarant, but she 
did not like to peruse it, upon which Mr. Geary said he would 
read it to her. He accordingly read it, and as far as she can 
recollect, the letter stated that Lord Charles Somerset had 
informed the Duchess that Mr. Gteary would have good fees. 
It went on to express a hope that Mr. (Jeary would do a great 
deal of good, and that Lord Charles Somerset had expressed 
to the writer his Thankfulness to her for having sent out so 
excellent a clergyman. The letter proceeded with certain 
passages applying by name to Lord and Lady Charles Somerset, 
the import of which the Declarant not having understood, she 
asked Mr. Geary the meaning. Mr. G^ary replied that it meant 
that neither Lord nor Lady Charles Somerset were religious 
people, and that the Duchess hoped that Mr. Geary's advice 
would do them a great deal of good. 

The letter concluded with a sentence that appeared to the 
Declarant to imply that the Duchess had written the letter in 
confidence to Mr. Geary. 

The Declarant states that she has not been upon habits of 
great intimacy with Mr. and Mrs. Geary, but that she visited 
them until this last occasion, when she was so much struck 
with the indelicacy of Mr. Geary's proceedings in disclosing a 
confidential communication, that she thought it her duty to 
mention it to her Husband that he might be on his guard, tho' 
she declares that she has never mentioned it to any other 
person whatever. 

Declarant is not herself aware whether the contents of the 
letter are known to any other person, but she feels convinced 
in her own mind, from the impression she has received of Mr. 
Geary's character, that he would not scruple to disclose and 
communicate the letter to any other person who might call at 
his house, the Declarant not being intimate there. 

Declarant adds that no injimction whatever of secrecy as to 
the contents of the letter, or the conversation, was suggested 
or prescribed to her by Mr. and Mrs. Greary. 

The above declaration having been read over to me, I affirm 
it to be true. 

(Signed) Catharina Onkruydt. 

(Signed) John Thomas Bigge, 

William M. G. Colbbrookb. 

JRecords of the Cape Colony. 59 


LeUer from ihe Commissioners of Enquiby to Lieutenant 

Colonel Bird. 

Gbaham's Town, 9th February 1824. 
'' Sir, — We beg leave to acknowledge the receipt of your letter 
of the 30th ultimo conveying to us an answer enclosed from 
Mr. D'Escury to our inquiries relative to the fate of certain 
Memorials of J. J. Potgieter, and we hasten to assure you both 
of the deep concern with which we have learnt the cause of 
your present confinement, and of the regret that you should 
have allowed yourself to be disturbed, during a period so 
critical, by any enquiry that emanated from us. 

We sincerely hope that your recovery from this severe 
accident that has befallen you will be speedy and complete, 
and that in case any official communication from us and 
written under ignorance of the accident that now confines you 
should reach your hands, you will be good enough either to 
delay the answer or to instruct Mr. Brink to furnish it, as your 
own Discretion may dictate. We have &c. 

(Signed) John Thomas Bigge, 
W. M. G. Colebrooke. 

• [Original.j 

Statement of Mr. Benjamin Wilmot. 

Albany, February 9th 1824. 

^ To His Majesty's Commissioners of Enquiry. 

The Statement of Benjamin Wilmot of the District of Albany, 
Southern Africa, sets forth 

That he has been endeavouring for two years to obtain 
compensation for six of his oxen lost out of the Scutt Kraal, 
first through the medium of the Landdrost Harry Rivers, 
Esquire, to whom he applied under the idea that as it is the 
first and chief duty of all Landdrosts to settle differences and 
to prevent litigation that he was bound to decide upon this 

60 Hecards of the Cape Colonif. 

matter or direct some other mode of proceeding, instead of 
which he would neither entertain the subject nor give a decided 
answer ; afterwards of His Excellency the Gk)vempr, and lately 
of the Honorable the Court of Circuit, in which Court he insti- 
tuted a Suit against the District which he is told is represented 
by the Landdrost and Heemradens for compensation for the 
loss of time and expences necessarily accrued in the prosecuting 
his claim before the Landdrost who refused to act in the affair. 

About the 13th day of May 1822, the day before Mr. Man- 
ceased to act as UndersheriflE, Mr. Wilmot and his friend Mr. 
John Poumier saw Eighteen of his Oxen in the Scutt Kraal 
and acquainted Mr. Marr of it, who said they were sent in by 
Old Nell and there was only two skillings each to be paid, on 
Mr. Wilmot's returning with the change he paid four rix 
dollars and four skillings and went to the Kraal to turn them 
out when only three were then there, the remainder having 
been sent out by the herdsman ; these three he took away 
and called several times the same day for the others, but the 
cattle did not come in till it was too dark to discern one Ox 
from another. On his calling next morning he was told that 
Mr. Marr was suspended and that Mr. Wathall had the key, 
who refused to give them out without the fees being again paid 
to him. The Secretary Mr. Le Sueur "on hearing these facts 
told Mr. Wathall he was authorized in demanding payment to 
himself as the oxen were given over to his charge with the key. 
Mr. Wilmot being imable to pay the fees a second time although 
he had offered to sell one of them for the purpose to the 
Slaughterer, returned home above 20 miles and called two days 
after to pay whatever sum might be demanded, when only nine 
of them were then in the Kraal, which he took out and paid 
for to Mr. Wathall and received a Certificate from Thomas 
Cardon of the number then delivered. On enquiring what 
became of the other six no one could give any satisfactory 
accoimt, but said some cattle had been owned and taken out 
by Mr. Retief and others. 

About the beginning of June following said Mr. W^ilmot saw 
one of the six missing oxen yoked in Mr. Betief's waggon, 
which he in an angry mood, because the waggon was proved 
to him to be his although he had denied it, sent it to the Scutt 
Kraal and desired Mr. Wathall not to deliver it to anyone 


Hecords of the Cape Colony. 61 

without an ord^r from the Landdrost. Blackbeard the Con- 
stable put it into the Kraal amongst the Cattle taken from the 
CaflPers instead of amongst the impounded beasts (this ox was 
marked R. 6.) ; on enquiring of Mr. Ward what had become 
of this Ox that had been so long in his charge, he said he could 
not tell. 

About the beginning of July following another of the missing 
Oxen Mr. Wilmot saw in the Scutt Kraal, which Mr. Ward 
also refused to deliver out till the Landdrost should order 
him, and was sold to Mr. Retief at a public sale although Mr. 
Wathall acquainted the Vendue Master that it belonged to 
said Mr. Wilmot. This ox was branded in each horn with the 
letter C. 

All which particulars said Mr. Wilmot laid before the Land- 
drost at the seven several interviews he had with him on the 
subject, and could obtain no further answer than " really I am 
too busy to attend to this now," by which expression from the 
number of interviews he had had with the Landdrost on the 
subject he concluded that his case was become an old affair 
and that he must obtain his rights by some other move. It 
then occurred to him that His Excellency the Governor Lord 
Charles Somerset would grant his (Mr. Wilmot's) rights and 
therefore he wrote out a statement of the above facts, and as 
he was then severely suffering by Dysentery from not being 
able to purchase anything to live on but flesh at that scarce time, 
he joined this subject to that of the loss of his oxen, and 
directed it to His Excellency, but has not had any answer 
thereio. Mr. Wilmot conceiving that he must have recourse 
to legal proceedings to obtain satisfaction for his losses, con- 
cluded that the Court of Circuit was the^roper authority to 
hear and determine his complaint, and applied to Mr. Onkruydt 
for a Summons to appear before the Court of Circuit, and was 
told by him in the presence of Mr. Phillips that there was 
sufficient time, but on being told it was against the proprietors 
of the Scutt Kraal, he appeared astonished and said "you 
caimot sue them." When Mr. Wilmot had related the par- 
ticulars of this complaint he advised the Summons to be taken 
out against Marr, which having refused to accede to he 
requested a statement of complaint in writing to be left with 
him that in the mean time he would consult with the Landdrost 

62 Becords of the Cape Colony* 

and in a day or two he would be able to tell him if he could ] 
issue the Summons^ and that no advantage should be taken 
of the delay, and made many kind professions of services and 

advice. On Mr. Wilmot's calling upon him with his written ^ 

complaint he Mr. Onkruydt, notwithstanding the long dis- ^^ 
cussion he had had with him on the subject and his own pro- 
fessions of advice &c. pretended to know nothing of the affair, 

and in the presence of Heemraden Hope and Mr. Huntly .1 
refused to issue a summons, declining at same time to give his 
reason for so doing. 

Immediately on the arrival of the Honorable Court of 

Circuit, said Mr. Wilmot presented a Memorial to that Court . 
for a Summons against the District of Albany, setting forth 
concisely Mr. Onkruydt^s refusal to issue one without his 
assigning any reason for such denial, and at fuU length the 
particulars of his case and laid his damages at 500 Bixdollars. 

The Court in the presence of Mr. Onkruydt said that the ^ 
application was not made in time, to which Mr. Wilmot replied 

that he was prevented from making the appUcation before | 

from the then recent excessive rains and from an accident to ! 

my left eye which confined me to darkness and my chamber ' 

in excruciating agony for upwards of a fortnight ; and that ^ 
all human laws and regulations must give way to the Divine 

Will and to inevitable necessity. The Court thought proper ,'^ 

thereupon to grant him a summons against the District, which ' 

was made known to him by Mr. Onkruydt in the presence of ? 

said Mr. Hope in the following words : " Mr. Wilmot, the ^ 

Court has directed me to inform you that they have thought '' 

proper to deviate from the usual mode of proceeding, and have ' 

granted your case a hearing, which will come on for trial on ^ 

Wednesday the day of . You will ^ 

therefore give me a statement of your case and names of Wit- ^ 

nesses that I may have them summoned." '-! 

On which day having prepared himself to substantiate his '^ 

case and collected evidence together, instead of having his ^^ 

cause brought on for a hearing as he confidently relied upon, ' 

the Court thought proper to make the following objections, ' 

and finally refiised to proceed to a hearing. i| 

First objection. That he had better sue the Scutt Kraal '1 

Keeper whose neglect had caused the loss of the cattle. 'i 

Hecords of the Cape Colony. 63 

2ndly. That as the District is the proprietor of the Scutt 
Kraal and is represented by the Court of Landdrost and 
Heemraden, he said Complainant could not sue them, for how 
could they as a body be brought before the Court. 

Srdly. That he had better (and urged him) to bring his Suit 
before the Court of Landdrost and Heemraden as the manage* 
ment of the Scutt Kraal is in that Court, and as his complaint 
arose from the neglect of their Servants, and as they must have 
power to enquire into the conduct of those Servants they might 
hear his complaint. 

4thly. That if he (Mr. Wilmot) consented to bring his case 
before the Court of Landdrost and Heemraden, and they 
should in their breasts consider he had sustained damages 
beyond the amount of 300 Bds., they could apply to the 
Grovemor for an extension of their power to do justice to this 
his individual case. 

To which said Mr. Wilmot then submitted that as the 
(Jentlemen or Committee who represented the District had 
placed an individual to do the duties of that part of the District 
revenue the Scutt Kraal and to account to them for the profits 
&c. of the Scutt Kraal, that he became hterally their servant, 
and as such the Law would consider the acts of him to be the 
acts of the employers or Masters, and that as Conservators of 
the District chest they ought to have taken proper sureties for 
the due performance of his trust. 

2ndly. That although the same Gentlemen may act in the 
capacity of a Court of Judicature, it was not incompatible for 
them to hold another situation, although they may sit one 
moment in their judicial capacity, the next moment they 
might sit as a Court or Committee of management, and that 
whatever regulations or appointments were made that did not 
immediately relate to the judicial administration, it could only 
be made in their capacity as a Committee and not as Judges ; 
though it might be inconvenient for all the Gentlemen who 
represent the District to attend the Court, having public 
business to attend to, they might as a Corporation appoint an 
individual (their Secretary) to answer to any complaint that 
might be alledged against them. 

ardly. That as the members of the Court of Landdrost and 
Heemraden must actually be the Defendants, that they could 

64 Records of the Cape Colony: 

not sit to try this cause, because they would be acting in the 
double capacity of party and judge, that although these 
members may have power to enquire into the conduct of their 
servants ex parte as Masters and dismiss them, they could not 
legally try and condemn them in pains and penalties as judges. 

4thly. As he had already applied to His Excellency the 
Governor on the subject without getting any answer he did 
not wish to rely upon that expedient. 

After this discussion which had been urged also previous to 
his having had his memorial for a hearing granted, and as he 
thought waived, the Court directed the Suit to be brought 
before the Court of Landdrost and Heemraden, and that the 
expences incurred in their Court should abide the event of the 
Cause, to which he bowed in submission as their decree, not in 
assent, for he then said he would rather drop his claim than 
have it decided by the individuals against whom he had to 

The next morning Mr. Wilmot presented the following 
memorial : 

Your Memorialist offers his respectful thanks for the sug- 
gestions and advice of your Worshipful Bench, but that in the 
paramount necessity of his case he hopes will be found sufficient 
excuse for his thus renewing his application that his cause may 
be brought before you. 

He most respectfully submits that the Law limiting the 
jurisdiction of the local judicature to a specific sum of money 
in all actions of damage or recovery must be a definite one, 
and that as the damage he has laid makes his case not cog- 
nizable by the District Courts according to the Proclamation 
of the Executive, it can only be tenable before your Worshipful 

That the Servants of the local Magistracy being the aggressors 
in your MemoriaHst's case eminently disqualifies it for becoming 
the judges of a dispute between an indifferent individual and 
the person its patronage has given the appointment, a con- 
clusion your Memorialist is the more compelled to make from 
the general dissatisfaction on all subjects connected with the 
impounding of cattle. 

That your Memorialist's damages are increasing in strict 

Becords of the Cape Colony, 65 

ratio with the delay of giving him justice, and that in the 
procrastination he contemplates by looking to the Board of 
Landdrost and Heemraden for redress, he only foresees a 
Contest so interminable as to leave the simple merits of his 
Case a matter probably of much intricacy whenever judgment 
shall be given. 

That with better prospects now in his native Country and 
an anxious desire thereon immediately to return, he is particu- 
larly soKcitous for decision. 

Your Memorialist therefore intreats your Worshipful Body 
will rescind your determination of yesterday and give his 
Cause a hearing. 

And he will ever pray. 

(Signed) Benjamin Wilmot. 

The Court thereupon further objected that they could not 
proceed to try the Members of another Court without further 
powers from Cape Town ; what these powers were and how 
to act Mr. Wilmot was wholly at a loss until within a few days 
of this, when perusing the Cape Kalendar for the amount of 
stamp duty on a power of Attorney he accidentally saw the 
decree Venia Agendi was enumerated, when it instantly struck 
him that the want of this decree from the full Court was 
the only obstacle the Court of Circuit conceived existed to pre- 
vent their proceeding to determine the cause, to which reasoning 
if he had been made acquainted he should have submitted in 
reply that it could not possibly be a hindrance because the 
whole Body could have been tried with no more difficulty than 
one of them could if a case on a simple contract debt had been 
brought against one of them in his private capacity as a mer- 
chant, and also that the decree being a matter of course might 
have been granted any time before the verdict was enforced, 
and also that it was not needed because they were not to be 
questioned about acts done in their judicial capacity. 

Your Relator is superlately (sic) unhappy that he is to be 
delayed from embracing his prospects in England, which is 
now bright, because he did not foresee what the most appre- 
hensive and penetrating mind would not have imagined without 
an intimate knowledge of the Colonial Regulations, which a 

xvn. F 

^66 Becords of the Cape Colony, 

foreigner cannot be supposed to know (this decree of Venia 

Your Relator respectfully entreats your Honors will consider 
the hardness of his case and present unhappy circumstances, 
arising not from his own default but the taciturnity if not the 
•default of those very authorities who ought to have redressed 
him ; and from the general calamities of the Colony. 

If your Honors should be of opinion that there is no existing 
!Law to meet the justice of his case, I must appeal to your 
Authority as the Representative of His Britannic Majesty 
whose compassion is infinite to grant him a free passage to his 
native Country. 

(Signed) Benjamin Wilmot. 


Letter from the Deputy Colonial Secretary to 
Mr. William Edwards. 

Colonial Office, Qth February 1824. 

Sir, — I am directed by His Excellency the Governor to 
acknowledge his receipt of your letters of the 4th and 7th 
instant, and to inform you that having fully explained to you 
in the Letter I addressed to you by His Excellency's authority 
on the 3rd instant, the reasons which compelled him to with- 
hold Mr. L. Cooke's certificate for quitting the Colony, He has 
only to refer you to the contents of that communication. 

I am &c. 

(Signed) P. G. Brink. 

Records of the Cape Colony. 67 


Letter from Mr. William Edwards to the Deputy Colonial 


Cape Towk, 9^th February 1824. 

Sir, — As your letter of the 3rd instant referred to in yours 
of this day is contradicted by one of His Excellency to me on 
the 4th I shall close all further correspondence on the Subject 
and take measures which may set this matter to rights. 

I am &c. 

(Signed) W. Edwards. 


Letter from the Landdroat of Worcester to the Commissioners 

of Enquiry. 

Worcester, 10^^ February 1824. 

Gentlemen, — In reply to your letter of the 19th Ultimo 
requiring information relative to the removal of the Dover 
party of Settlers with Mr. Menzies from the Karega after they 
had built and cultivated to a certain extent, &c., I beg leave 
to state that soon after the late Acting Governor quitted the 
frontier in 1820, I received orders thro' Colonel Cuyler to 
remove certain parties of Settlers according to a memorandum 
he had received from Sir Ruf ane Donkin dated either from the 
Lourie River or George, a copy of which the Landdrost sent 
me along with some detail for obtaining transport to carry 
these instructions into effect, all which I left among the Records 
at Bathurst, the original remaining in the custody of the 
Landdrost of Uitenhage. This document may be of some use 
to you, as. I apprehend the other parties which were removed 
at the same time will also state their case, altho' I took every 
means to convince them that all those movements were made 
in conformity with instructions from His Excellency the 
Acting Governor. I have &c. 

(Signed) C. Trappes. 
F 2 

68 Records of. the Cape Colony, 


Letter from the Bevebekd William Oeaby to the 
Commissioners of Enquiry. 

Graham's Town, Tuesday Morning, 

February lOth 1824, i past 7 a,m. 

Gentlemen, — I beg leave to acknowledge the receipt of your 
note of yesterday evening's date, (but which I have only just 
received), and deem it of some importance that the circum- 
stance which formed the subject of your late interrogation to 
me should be fairly stated to you, previous to your communi- 
cations with my Lord Bathurst, to whom I shall also take an^ 
early opportunity of writing, but I cannot possibly arrange 
the matter I wish to disclose to him as early as the present, 
nor perhaps the succeeding post. 

Not many weeks since a Lady, whose apprehension is certainly 
not the most brilliant, favoured us with a morning call. The 
Piscal's summons, which I had but lately received, naturally 
became a subject of conversation, and in the course of my 
remarks I could not help observing how remarkable it was 
that the day on which it was received should have brought me 
a communication of so opposite a nature from the Duchess of 
Beaufort, and drawing the letter from my Portfolio without 
thinking of the prohibitory paragraph that formed a part of 
its contents, I tossed the letter to Mrs. Geary and requested 
her to read it, which when she had done the said Lady (a Mrs. 
Onkruydt and the wife of a Functionary in this Town) exclaimed 
" influenced by the highest motives ? " what does that mean ? 
Does it mean his high connections at home ? It was impossible 
for both of us to forbear smiling. Mrs. Geary however explained, 
and the interpretation, that was ^ven (by one absolutely in- 
capable of maUce or misrepresentation) appears to be the one 
that this treacherous character (who with her Husband have 
frequently complained of the Landdrost's conduct, and of my 
obtaining no redress for the grossest insult from Wathall, a 
flogged and disgraced Sergeant in the army and still in office), 
I say Mrs. Geary's innocent interpretation so unsuspectingly 
and frankly disclosed to a fellow complainant seems to be the 
one this treacherous character has made so unfair and mis- 



.Records of the Cape Colony. 73 

[Office Copy.] 

Letter from R. W. Hoeton, Esqrb., to the Commissionbrs of 


DowNiNa Strbbt, 11<^ February 1824. 

Gentlemen, — I enclose you the Evidence on the subject of 
Emigration, given by me before the select Committee on the 
Employment of the Poor in Ireland, in the course of the last 
Session. I beg to refer your particular attention to the 
Evidence in page 44 to the end, which was given by me from 
notes placed in my hands by Mr. Ingram. At the time that 
I communicated with Mr. Ingram on this subject, I cautioned 
him in the strongest manner to guard himself against the 
slightest inaccuracy in his general Statement ; and begged 
him to take particular care to understate all his points, rather 
than the contrary. His statements were at the time corro- 
borated by other persons who were then in London. I told 
him that he must at once be aware that after a lapse of time 
necessary for communication to and from the Cape, this 
Department would be informed whether such Statements were 
inaccurate or not ; and that the most serious consequences 
would inevitably result to himself if it should be discovered 
that he had deceived the Government on those points. The 
Statement which I have given in evidence is that which he 
gave to me after having received all these cautions, and I have 
therefore to request that you will specially report to me with 
respect to its accuracy. 

I also enclose yoU a paper drawn up by Mr. Parker, which 
he is now circulating in the South of Ireland, and in which this 
emigration of Mr. Ingram's is commented upon in very strong 
terms, as a measure calculated to ruin all the parties who 
embarked with Mr. Ingram, and you will observe from Mr. 
Parker's own printed statement, that he says he did not at the 
time offer any objections to this plan, lest it should be supposed 
that they had originated in envious feelings. The fact is that 
he corroborated all the statements at the time. 

If it were to be proved by your report that the data given by 

Mr. Ingram, and on the presumed accuracy of which the 

nmient sanctioned that emigration were false and un- 

i, I have no doubt that Lord Bathurst will immediately 

70 Records of the Cape Colony, 

any reason, but Mr. Howard immediately became, and has since 
continued the object of his malice. I immediately said if it 
was his advice, I would proceed no further, but he answered 
with his usual caution, No, I don't advise, but I should tvish 
the matter would take its usual course, and that you should 
not concern yourself with it one way or the other, but I assure 
you I do not grudge you any popularity you may have acquired 
by your late conduct. The first opened my eyes to the real 
character of Mr. Rivers. I declined interfering any further 
in consequence of this intimation, suspecting my coiKluct was 
unpleasing to Lord Charles, nor did I discover my mistake till 
after a considerable interval, when I renewed my exertions in 
favor of His Excellency, but the opportunity of serving him 
materially was gone by. Our opponents taking advantage of 
the interim had been most active, and but few additional 
signatures could be procured. The memorial however was 
completed and despatched to England ; my activity in this 
business (tho' exerted in the fairest way) was grossly mis- 
represented in the Morning Chronicle. Gratitude to Lord 
Charles for some attentions he had shewn me, and a belief that 
he was really calumniated, induced me to take the active part 
I did, and I should have been far better pleased had any other 
individual taken it up. But I do feel it hard to become the 
victim of persecution through the arts of an unprincipled 
magistrate, kept in a state of irritation for months together I 
feel no disposition to deny that I have been urged to speak in 
harsher terms of my enemies than charity would dictate, but 
certainly not more offensively than truth would warrant. 

But I now for ever take my leave of them. There is a 
Providence on whose aid I regret I did not more implicitly 
rely, who can not only defeat their most subtle machinations, 
but has promised to overrule them for good to those who 
unreservedly trust their concerns with him. Into his hands 
then I solemnly commit my cause, and whatever persecutions, 
injuries, and insults malice may doom me yet to sustain, it shall 
be my prayer that " his strength may be made perfect in my 
weakness " so as to enable me to bear everything in future with 
the meekness and fortitude of a Christian. 

They may and will ruin me, as is evidently their intention, 
and which they have nearly already accomplished, but they 

Records of the Cape Colony. 71 

cannot deprive me of that petice of conscience which can make 
even a prison assume a smile, and without which the stateliest 
palace is after aU but a dungeon. 

The questions you chuse to propose to me Grcntlemen I shall 
think it my duty respectfully to answer, but I beg leave to state 
to you it is not my intention, henceforth to accuse any indivi- 
dual, to submit to you one paper or trouble you with a single 
complaint. My Enemies have thus far succeeded. 

I enclose you a copy of her Grace's letter, which you are- at 
full liberty to use according to your discretion, but the original 
it is not my intention to part with. I have &c. 

(Signed) William Geaby. 


Letter from the Commissioners of Enquiry to &e 
Reverend William Geary. 

Graham's Town, lOih February 1824. 

SiB^ — Yfe have the honor to acknowledge the receipt of 
your letter of this date, explaining to us the circumstances 
under which you state that the letter of her Grace the Duchess 
of Beaufort was disclosed to Mrs. Onkruydt, and offering at 
the same time to our consideration certain claims that your 
conduct had given you upon the favorable opinion of His 
Excellency Lord Charles Somerset as well as the manner in 
which those claims were treated by Mr. Rivers. 

We shall not fail to give due weight to your representations 
on these subjects, and with respect to any change that you 
may think fit to make in the mode of bringing the conduct of 
Mr. Rivers to our notice, we shall neither forget the expressions 
that you have made use of in our presence nor those which 
you have been pleased to adopt in your letter now before us. 

We beg leave however to apprize you that whenever we 
think it expedient to enter upon the investigation of the 
judicial administration of Mr. Rivers we shall request your 
attendance at this office, leaving it entirely to your present 

76 Records of the Cape Colony, 

posely told a falsehood to calumniate the sacred representaiive 
of Majesty which the said P. 6. Brink perseveres in by his 
of the 9th Instant. 

Your Honorable House will perceive by the Affidavits of the 
Gentlemen who this day accompanied your Petitioner and Mr. 
Cooke what was the manner and conduct of the said Daniel 

And your Petitioner humbly submits it was the duty of the 
said Daniel Denyssen the moment he read the charges contained 
in the Memorial to the Lords of the Treasury, to have required 
your Petitioner's assistance together with Mr. Cooke, to pro- 
secute the said Collector of Customs, they being at least of 
equal respectability and credit with the said Mr. Blair or Mr. 
Daniel Denyssen, and it iis impossible the said Daniel Denyssen 
could have been permitted to see that Memorial by His Excel- 
lency the Governor for any other purpose. 

Yet contrary to this man's duty to our Gracious Sovereign, 
contrary to the solemn oath he had taken, contrary to his 
duty to God and to man, winking at crime in office, sanctioning 
inhumanity, cruelty, insolence and oppression in authority, 
instead of standing forth the bold Champion of Public Justice, 
he scandalously lends himself the minion of power to pimish 
two Gentlemen who were seeking to do what it was his duty 
to have done, and he would willingly increase the suffering of 
Mr. Cooke. 

Mr. Cooke and your Petitioner had preferred a complaint 
to His Majesty's Ministers, and they have yet to learn where 
is the crime of seeking for Justice where Justice is sure to be 

Your Petitioner begs humbly to state that this Daniel 
Denyssen is a Native of Amsterdam, having early in life taken 
an oath of fidelity to the Government of Holland, and that 
although the conquest and cession transferred the allegiance 
of every native bom inhabitant of the Colony to His Majesty 
the King the Oath of Allegiance which this man so greedily 
swallowed to procure his office cast a suspicion over his 
character which his conduct in this affair confirms. 

xThat your Petitioner having been informed of many other 
actions of this man of equal injustice and oppression will reduce 
the detail thereof into affidavit and cause the same to be laid 
before your Honorable House herewith. 

Records of the Cape Colony, 77 

And that as the said Daniel Denyssen can only have been 
actuated by a wish to deprive His Majesty's subjects of any 
further redress than such as he chooses to mete out to them, 
and that as your Petitioner has so little dependence in his 
learning or his integrity as to be unwilling to submit to him 
what portion of right he shall receive, or to allow the said 
Daniel Denyssen to choak up the avenues to even handed 
Justice, or to intercept, interdict or proscribe those who know 
where to seek it better than himself. 

He humbly prays that the said Daniel Denyssen may be 
summoned to appear at the bar of your Honorable House, to 
answer for His conduct in having presumed to intercept a 
complaint to His Majesty's Ministers lawfully enabled to 
redress the grievance complained of ; For having arbitrarily 
refused to your Petitioner and Mr. Cooke their Passports, 
thereby keeping them prisoners here, that they might not 
seek for Justice at home ; and for having threatened them 
with a prosecution, thereby deterring His Majesty's subjects 
from laying their complaints at the foot of the Throne, the 
invaluable and indisputable right of every Englishman. 

Your Petitioner further prays that your Honorable House 
will make an order that he may be instituted the Prosecutor 
against Mr. Blair in the stead of the said Daniel Denyssen if 
the said charge be proceeded in before the Court of Law here, 
so that Mr. Blair may not be acquitted on a fictitious 

And further that your Petitioner may be heard by Coimsel 
before your Honorable House, there to criminate and prosecute 
the said Daniel Denyssen in the premises. 
And he will ever pray &c. 

(Signed) W. Edwards. 

Cape Town, 11 February 1824. 


Letter from Harry Rivers, Esqre., to the Commissioners op 


Graham's Town, I2th February 1824. 

Gentlemen, — I have the honor agreeably to the request 
contained in your letter of this day's date to transmit a List 


Records of the Cape Colony. 

of those British Settlers in this District to whom the Titles to 
their Grants of Land have been delivered, and to state that 
the Title Deeds do not contain Mortgages for the balances 
due to Government on account of Rations issued to the party, 
but that the Heads of Parties are required to sign and acknow- 
ledge the correctness of the Commissariat Accounts. 

I have &c. 

Harry Rivers, 

List of British Settlers to whom Title Deeds have been delivered. 

Extent of Land 


Name of Settler, 



Alexander Biggar . . 



On the Carrega River 

John Stanley 



Blue Krans 

George Pigot . 
William Howard 






Near Graham's Town 

William Smith 



Governor's Kop, 12 miles E. of 

G. T. 
Torrens or Brakke River 

George Dyason 


G. T. ThomhiU 



East bank of the Kowie Mouth 

John Mandy 



Near Fish River 

John H. Dixon 



Waay Plaats 

Richard Hayhurst . 



Near Bathurst 

Miles Bowker. 



Riet River 

Gharles Hyman 




George Southey 



Near Waay Plaats 

Edward Ford. 



Riet River 

Hezekiah Sephton , 


On Hassagay Bush River 

James Richardson . 



Near Kowie Mouth 

George Smith 



B. Leech 



On Carrega River 

Thos. Philipps 



Com Plaats 

Nottingham Party 



Near Bathurst 

Edward Gardner 



On Carrega River 
Near Graham's Town 

Nathaniel Morgan 



Graham's Town, 12th February 1824. 


Harry Rivers. 

Records of the Cape Colony. 70 

Letter from Mr. John Foulqbr to Eakl Bathtjrst. 

25 Rood Lanis, Fenchubch Street, February I2ih 1824. 

My Lord, — It is with much diffidence I venture on the 
liberty of drawing your Lordship's attention for a few moments 
to the situation of the Settlers in South Africa, which is now 
distressing in the extreme. 

I am aware that your Lordship's time must be fully occupied, 
but I am sure that your benevolent heart will feel for the 
miseries of the unfortunate. 

Perhaps your Lordship knows' that the crops have failed 
ever since the Emigrants were located in Albany, and the 
inundation this season has swept away all their remaining 

The class of persons suflEering is not the labouring poor, but 
that class which was once respectable in this happy country, 
and who were able to take with them some property, but the 
crops failing, their money expended, without decent clothing, 
and almost without food, they are reduced to a wretched 

As a merchant trading to the Cape, I flatter myself that I 
possess correct information, and my brother in law having 
taken on himself the situation of Gratuitous Secretary to the 
Society formed in Cape Town for the relief of the SufEering 
Settlers, my information is derived from close investigation 
on his part. This Society has done what it could, but the 
mass of misery is greater than it has means to remove. 

It is the wish of several persons, weU acquainted with their 
distresses, to call a public meeting in the City^ and open a 
subscription on their behalf, and it would afford them sincere 
gratification if Your Lordship would condescend to take the 
Chair on that occasion, and I beg further to solicit, that your 
Lordship would allow myself, and one or two gentlemen who 
have been at the Cape (not as Settlers) the honour of an 
audience for a few minutes, when we should be better able to 
explain the situation of those on whose behalf I have ventured 
to obtrude on your Lordship's notice. I have &c. 

(Signed) John Foulger. 

80 Records of the Cape Colony. 

[Office Copy.] 
Letter from B. W. Hobton, Esqbe., to Lord Chables 

Colonial Otfioe, London, February 141^ 1824. 

My Lobd, — I have received Earl Bathurst's directions to 
transmit to you the accompanying copy of an order of the 
House of Commons, and to request that your Lordship would 
give the necessary directions that the Documents therein 
mentioned may be immediately prepared and transmitted to 
this Office, and I am directed to add that a return has been 
made to the order in question as far as the Records of the 
Colonial Office supply the information required. I have &c. 

(Signed) R. W. Hobton. 

[Office Copy.] 

Letter from R. W. Hobton, Esqbe., to Lobd Charles 


CoLONLU^ OimoE, London, 14^ February 1824. 

My Lobd, — I am directed by Earl Bathurst to draw your 
Lordship's attention to the accompanying Copy of a letter 
addressed to Sir R. Donkin on the 31st July 1821, and to 
request your Lordship would give the necessary orders that 
the Slave returns therein mentioned may be prepared with 
the utmost possible dispatch, as the address of the House of 
Commons requiring such Documents has since been renewed. 

I have &c. 

(Signed) R. W. Hobton. 

Records of the Cape Colony. 81 

[Office Copy.] 
LeUer from Eakl Bathubst to Lord Chaslbs Somerset. 

DowKiNO Street, Loin>ON, 16«fc February 1824. 

My Lord, — ^Having communicated with His Majesty's 
Secretary of State for the Home Department respecting the 
case of the female Slave Bosalyn as reported in your Lordship's 
dispatch of the 28th of April last, I now transmit to your 
Lordship a Pardon which His Majesty has been graciously 
pleased to grant to that person, upon condition that she shall 
be imprisoned and kept to hard labour for the term of five 
years. I have &c. 

(Signed) Bathurst. 

[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, 16/^ February 1824. 

My Lord, — I have to acknowledge the Receipt of your 
Lordship's dispatch of the 24th September last in which you 
detail the reasons which had induced you to cause a Schooner 
to be built for the purpose of being stationed at the River 
Kowie ; and I have to acquaint your Lordship that under all 
the circumstances of the case, I shall notify to the Lords 
Commissioners of His Majesty's Treasury my sanction of the 
expence which will attend the building of this Schooner. 

I have likewise to sanction the erection of a tread Mill in the 
prison of Cape Town ; but I desire that female prisoners may 
not be subjected to the discipline of that Machinery ; and the 
notice of this subject affords me an opportunity of instructing 
your Lordship to make arrangements in all the prisons of the 
Settlement for exempting Prisoners generally from laborious 
discipline previously to their Trial. I have &c. 

(Signed) Bathurst. 


82 Records of the Cape Colony, 


Letter from Harry Rivers, Esqrb., to ^Ae Commissioners op 


GitAHAM*s Town, \%ih February 1824. 

Gentlemen, — I have the honor in compliance with the 
request contained in your Letter of the 16th Instant to transmit 
Copies of such Letters as I have received from the Colonial 
Government authorizing additional Grants of Land to the 
English Settlers, and of the instructions relative to the issue 
of the Titles to the original Locations, and I have the honor 
also to enclose a List of those persons who have been granted 
augmentations and specifying the extent and description 

There are many other persons who have stated to me that 
they had received promises of additional Grants from the late 
Acting Governor, but for which I do not find any authority in 
the Ofiice. Many Memorials have been also addressed to the 
Governor for additional Grants, which Memorials have been 
referred to the Landdrost to report on the Localities of the 
Land asked for and other circumstances, but such reports have 
in a few instances only been furnished, as the boundaries and 
situations of the original Locations of which the diagrams were 
sent to me in June last had not been till then communicated 
so distinctly as to enable me to make the required reports, 
and His Excellency had therefore decided not to make any 
additional grants imtil the Locations should have become 

This period has now arrived, and I believe it is the intention 
of His Excellency to accede to all additional Grants .to which 
there shall not be any local objections, and which the industry 
and good conduct of the Memorialists may justify, and I shall 
now proceed with the inspections and reports without delay. 

I have &c. 

(Signed) Harry Rivers. 

Records of the Cape Col(my. 83 


Return of English Settlers whose Applications for Augmenta- 
tions of their original Allotments of Land have been 
acceded to. 

J. Goodwin. Granted 426 morgen near Graham's Town. 

Miles Bowker. Granted 1270 morgen in addition to Loca- 
tion. Granted an Erf in Graham's Town. 

Major Pigot. Location extended originally from 2000 acres 
to 1828 morgen. Granted 46 morgen on the banks of the 
Kowie. Granted an Erf at Bathurst and one at Graham's 

Samuel James (Head of Party). Granted in extension of 
Location the waste Land between Mr. Austin and Kleine 
Mond River, a large Grant not measured. 

W. Wait (Head of Party). Granted in extension of Loca- 
tion a Plain towards the Sea not measured, and Location not 
yet granted. 

Richard Bradshaw (Head of Party). Granted an extension 
of Location not measured. 

J. C. Chase (of Mr. Bailie's Party). Granted 600 acres 
distinct from Location, not measured. 

6. Putter. Granted an Erf at Graham's Town. 

Richard Daniels. Granted additional Land adjoining his 
Location, not measured. 

W. Thackwray. Allowed to take possession of E. Turvey's 
Location in addition to his own. 

J. Stanley (Head of Party). Granted the full Location of 
1100 acres for himself individually. 

J. Latham (Head of Party). Granted 1000 acres in addition 
to Location, not measured. 

A. Biggar (Head of Party). Location extended originally 
1300 acres to 909 morgen. Granted a small farm near the 
Mill river distinct from Location. Granted an Erf at Bathurst. 

Walter Currie (of Wilson's Party). Granted 1000 acres in 
addition to Location, not measured. Granted an Erf at 

Captain H. Crause and Lieutenant J. Crause. Granted each 
2000 morgen in addition to Location and in compensation for 
losses at Fredericksburg, place not fixed* 

84 Records of the Cape Colony. 

Lieutenant C. Crause. Granted 2000 morgen contiguous 
to Bathurst in addition to Location in compensation for 
losses at Fredericksburg. 

J. Armstrong (of Scanlen's Party). Granted a small Erf at 
Graham's Town. 

Captain Butler. Granted a farm of 1062 morgen instead of 
1000 acres. Granted a piece of Ground at Graham's Town. 

H. Sephton (Head of Party). Has been promised 600 acres 
in addition to Location. The full Location has been granted 
to this party originally consisting of 100 families, although 
two-thirds have not resided. 

C. J. Thomhill (Head of Party). Location extended origin- 
ally from 1400 acres to 843 morgen. Granted an Erf at 

C. Hyman. Location extended originally from 1100 acres 
to 1368 morgen. 

C. Ford. Location extended originally from 1000 acres to 
1164 morgen. 

W. Smith. Location extended originally from 1100 acres 
to 2126 morgen, and the full Location has been granted although 
few persons have resided. 

Captain D. Campbell. Entitled to land for 7 persons, has 
been granted a farm of 2996 morgen contiguous to Graham's 
Town. Granted two Erven at Graham's Town and one Erf 
at Bathurst. 

S. Biddulph. Granted 904 morgen in lieu of Location. 

Mr. T. Phillips (Head of Party). Granted an Erf at Graham's 
Town and an Erf at Bathurst. 

Mr. Bailie (Head of Party). Granted Land in addition to 
Location, not measured. 

Mr, Bissett (Wilson's Party). Granted an Erf at Bathurst. 

D. P. Francis. Granted an Erf at Graham's Town. 

G. Dyason. Granted an Erf at Bathurst. Promised a 
Grazing Farm in addition to Location, and allowed an Erf at 
Graham's Town as Field Comet. 

T. Mahony. Promised a grant in addition to Location and 
granted an Erf at Bathurst. 

Granted an Erf at Bathurst to each of the following : W. 
Dell, Richard Pearse, J. Mandy, James Vice, Robert Vice, 
Joseph Hewson, W, Bond, W. Anderson, — Bradford, W. 

Records of the Cape Colony, ^ 85 

Stanton, W. Boardman, W. Dold, J. Jarman, James Comey, 

B. Gunning, W. GriflElths, G. Jarvis, and T. Hartley. 
Artificers to whom Small Building Lots at Graham's Town 

have been granted : W. Lee senior, W. Lee junior, W. Penny, 

C. Penny, Matham, Willis, J, Jones, Weatherage, Biggs, 
Searle, Webster, Keene, Holland, Venables, Clark, Thackeray, 
Leach, Walker, Bagshaw, Ploughman, Wright, Wells, Pain, 
Oats, Fowler, Jeffries, Jenkinson, Wood, Miller, Hartley, 
Penny, and Sergeant. 

Graham's Town, 18th February 1824. 

(Signed) Harry Rivers. 

Letter from Mr. Thomas Pringle to Lord Charles Somerset. 

Cape Town, February \%th 1824. 

My Lord, — ^I take the liberty to address you at the instance 
of some of my Friends at the Baviaans* River, who request me 
respectfully to state to your Excellency that they labour under 
great disadvantage this season in having no market for their 
surplus produce, on account of the Somerset Farm refusing to 
purchase from them, and advertizing for a large supply of 
wheat and barley to be furnished by Contract at Cape Town. 
There being no other market within reach of their Location 
they humbly request that your Excellency will be pleased to 
consider their situation and allow them to deliver what quantity 
of wheat and barley they can spare (which may be altogether 
above two hundred muids) to the Somerset Establishment at 
a reasonable price, which favour would be of great avail in 
promoting their prosperity. They add that they are ready to 
furnish the grain at a rate considerably lower than it would 
cost the Government if purchased here and forwarded to the 
interior by sea and land Carriage. 

Committing this matter to your Excellency's gracious con- 
sideration, I have &c. 

(Signed) Thos. Pringle. 

86 Becords of the Cape Colony. 

OeTieral Orders. 

Head Quabtebs, I9ih February 1824. 

No. 1. The Landdrost of Albany having expressed to the 
Oommander of the Forces the obligation under which he feels 
himself to the Officers and men on duty at Graham's Town on 
the night of the 4th Inst., by whose prompt and able assistance 
and exemplary forbearance a Tumult of a most dangerous 
character was quelled without any casualty having occurred, 

The Commander of the Forces begs to express to every 
Officer and Man employed on that occasion his best thanks 
for the activity and soldier-like conduct they displayed, and 
most particularly for the temper and forbearance with which 
they executed their duty under circumstances of extreme 

No. 2. His Excellency the Commander of the Forces has 
been pleased to dismiss the Reverend William Geary from his 
Appointment as Chaplain to the Forces at Graham's Town, 
and he is hereby dismissed accordingly. 

(Signed) M. G. Blake, D. A. General. 


Letter from Captain Fitzroy to the Reverend William 



Capb Town, February I9ih 1824. 

Sir, — The Commandant on the Frontier having transmitted 
to His Excellency the Commander of the Forces a letter 
addressed by you to him on the 8th Inst., I am directed by 
his Excellency to inform you that the Tone of Insolence in 
which that Letter is written is so inadmissible in Military Life, 
and so entirely inconsistent with the Regulations of His 
Majesty's Service, that were you a Commissioned Chaplain to 
the Forces, His Excellency would not hesitate to arraign you 

Becords of the Cape Colony. 87 

before a Court Martial ; but as your Appointment to perform 
the duties of Chaplain to the Forces stationed at Graham's 
Town and its Vicinity does not bear a Commission, His Excel- 
lency is pleased to dismiss you from that Appointment, and 
you are accordingly hereby dismissed therefrom, as will appear 
in the General Order of this day to the Army in South Africa. 

I have &c. 

(Signed) Ch. Fitzroy, Military Secretary. 

LeUer from Mb. Thomas Phingle to P. G. Brink, Esqee. 

Cape Town, February l^th 1824. 
Sib, — ^I beg leave to tender for the supply of one hundred 
muids of wheat at fourteen Rixdollars the muid to be delivered 
at the Government Farm of Somerset or at any Post within 
that distance from the Baviaan's River, the delivery to take 
place on or before the first of June 1824. I have &c. 

(Signed) Thos. Pbinglb. 


Letter from the Landdroat of Albany to the Commissioners 

of Inquiry. 

Gbaham's Town, 19* February 1824. 

Gentlemen, — In reply to your letter of this day's date I 
have the honor to transmit a List of those Settlers to whom 
money has been advanced on Loan by the Colonial Government, 
and to state that no money has been placed in my hands by 
His Excellency the Governor for the relief of the Emigrant 
British Settlers who had suflEered most by the inundation and 
heavy Storm in October last. I have the honor to enclose a 
Copy of my Correspondence with the Colonial Secretary on 
this Subject. I have &c. 

(Signed) Habby Rivbbs. 

88 JRecards of the Cape Colony. 


List of English Settlers to whom Sums have been advanced 
by the Colonial Government : 

J. Collis Rds. 600, J. Pawle Rds. 200, T. P. Adams Eds. 260, 
J. Walker Bds. 50, B. Burnett Bds. 150, Ellen Griffiths Eds. 
250, Isaac Dyason Bds. 500, C. Crause Bds. 500. 


Letter from the Landdrost of Uitenhage to the Commissioners 

of Inquiry. 

Uitenhage, 19<^ Februaary 1824. 

Gentlemen, — I have the honor in reply to your letter of 
the 16th Instant respecting the removal of Sephton's party of 
Settlers to transmit herewith the original order to their being 
located to the westward of the line already taken up. Their 
being placed on the Biet Fontein must have been by some 
mistake. I have the honor to hand you a copy of an extract 
from a letter from Sir B. Donkin desiring their removal, as also 
the copy of a letter from me to Captain Trappes directing the 

As to the future disposal of the lands to Mr. Nourse or the 
smallness of Major General Campbell's party, I bear no know* 
ledge of it, as such was after the separation of the Drostdies 
and formation of that of Albany. I have &c. 

(Signed) J. G. Cuyleb. 

[Enclosure 1 in the above.] 

Distribution of Land to Settlers per Aurora Transport, for the 
guidance of the Landdrost of Uitenhage. 

Director : Mr. Sephton. Number of Settlers entitled to 
Land : 100. Number of acres entitled to : 10,000. Land to 
be granted : 10,000 acres. Bemarks : The spots measured 
by Mr. Knobel being now all located, Lieut. Col. Cuyler will 

Secords of the Cape Colony. 89 

place these Settlers upon spots in the rear (or westward) of the 
line antecedently taken up ; oare must be taken that on eaoh 
spot to be located there be some spring of fresh water. 

Colonial Office, Cape of Good Hope, 8th May, 1820. 

By command of His Excellency the Acting Qovemor. 

(Signed) C. Bird. 

[Enclosure 2 in the above.] 

Extract from a Letter from Sir R. S. Donkin to Lieut. Col. 
CuYLBR, dated Oeorge, June I3th 1820. 

My dbar Sir, — I was yesterday evening favored with yours 
of the 10th, and I certainly am not very well pleased to find 
that Lynch's Post has been occupied by Settlers, when I so 
very clearly and so frequently declared my having allotted 
that portion to Major General Campbell ; this being the case, 
Mr. Sephton and his people are in the situation of any other 
people who have got possession of another person's property, 
and they must move to he located elsewhere. I am sorry for the 
inconvenience they will be put to, but it cannot be a serious 
or a material one, as I find that only jxirt of Mr. Sephton's 
people are actually located, some of them being still on the 
road, €uid the part that has been improperly placed on Ljoich's 
post has been there so short a time that they can neither have 
built nor ploughed. I am &o. 

(Signed) R. S. Donkin. 

[Enclosure 3 in the above.] 

UiTENHAGE, 24^ Junt 1820. 

SiR^ — His Excellency the Acting Governor having in his 
rnmmiinicatiuriH iv^nn (inur^rp dated 13th and 14th Instant 
directed tho futnro luoatiuns for some of the new Setting, 1>.V 
which some of tlioHo purtioH alnmdy located are to be rmiovMl, 
I enclose a nifmnranduin nfirwing the alt^^rations nuidc in 
<*onfei6quencir, aiul htivci to hv.^ of you to notify to those p*mie.s 
___L^ ^-*-^ ^r^J^ ^ to hold themselves in readiness!* ti^ 

Intended that the waggons brin^rinis 


90 Records of the Cape Colony. 

on the Settlers now at the Bay will after putting them down 
on their lands, remove those who are to be put on other lands, 
to their proper locations, which waggons we are to expect at 
Algoa Bay for the purpose of bringing on the Settlers at 
present there, on or about the 1st of next month, and I hope 
no delay will take place in the speedy removal of the Settlers 
to their ultimate destinations. I have &c. 

(Signed) J. G. Cuyler. 

Extract of the Memorandum. 

Mr. Sephton's party to be located on the Assagaay Bosch 
River, immediately above the place of Scalkwyk, leaving the 
entire of Joel Smuts or Lynch's Old Post for Major General 
Campbell who is expected. B. D. Bower, who is now upon 
this ground, to be removed. Mr. Menzies now at the Kasoga 
to be put on No. 61 on the Karega immediately above Parkins. 
Messrs. E. Ford and Hayman now on Lynch's post to be removed 
to No. 22 where they were first intended, above Siebritz's on 
the N. side of the same river. 

Letter from P. G. Brink, Esqre., to Mr. Thomas Pringle. 

Colonial Office, 20th February 1824. 

Sir, — In reply to your letter of yesterday's date tendering 
on behalf of your Friends at the Baviaans' River to supply the 
Colonial Government with one hundred muids of wheat at 
fourteen rixdollars the muid to be delivered at the Government 
Farm Somerset, or at any post within that distance from the 
Baviaans' River, the deUvery to take place on or before the 
first of June next, I am directed by His Excellency the 
Governor to acquaint you that he has been pleased to accept 
the same. I have &c. 

(Signed) P. G. Brink. 

Records of the Cape Colony. 91 

Letter from P. G. Brink, Esqrb., to Mb. Robert Hart. 

Colonial Opfioe, 2(Hh February 1824. 

Sm, — I am directed by His Excellency, the Governor to 
acquaint you that He has been pleased to accept a Tender 
presented by Mr. T. Pringle, on behalf of his Friends at the 
Baviaans' River, to supply the Colonial Government with one 
hundred muids of wheat at fourteen rixdollars the Muid, to 
be delivered at Somerset Farm, or at any post within that 
distance from the Baviaans' River, the delivery to take place 
on or before the first of June next. I have &c. 

(Signed) P. G. Beink. 

OovernmtTU Advertisement. 

His Excellency the Governor and Commander in Chief, has 
been pleased to direct the following Order of His Majesty in 
Council to be made public, for general information. 

Cape of Good Hope, Feb. 20th, 1824. 

By Command of His Excellency the Governor. 

(Signed) C. Bied, Secretary. 

At the Court, at Windsor, the 19th September, 1823, Present, 
The King's Most Excellent Majesty in Council. 

Whereas His Majesty was pleased, by His Order in Council, 
bearing date the 24th day of September, 1814, to establish 
certain Regulations therein set forth, touching the Trade and 
Commerce to and from the Settlement of the Cape of Good 
Hope, and the Territories and Dependencies thereof ; and 
whereas His Majesty was pleased by the said Order, amongst 
other things, to direct, that Goods, Wares, or Merchandize, 
the Growth, Produce, or Manufacture of the Countries to the 
Eastward of the Cape of Good Hope, legally imported into the 

92 Records of the Cape Colony- 

said Settlement, or into the Territories or Dependencies thereof, 
might be exported from the said Settlement, or the Territories 
or Dependencies thereof, to the Ports of the United Kingdom, 
subject to the Rules and Regulations contained in an Act, 
passed in the Fifty-third Year of His late Majesty's Reign, 
intituled, " An Act. for Continuing in the East India Company, 
for a further term, the Possession of the British Territories in 
India, together with certain exclusive Privileges ; for establish- 
ing further Regulations for the government of the said Terri- 
tories, and the better administration of Justice within the 
same ; and for regulating the Trade to and from the Places 
within the Limits of the said Company's Charter," or to any 
Ports or Places to which a Trade in such Articles was permitted 
to be carried on from the said Settlement, or the Territories or 
Dependencies thereof, under the Provisions of an Act, passed 
in the Fifty-fourth Year of His late Majesty's Reign, intituled, 
" An Act for the further regulation of the Trade to and from 
the Places within the Limits of the Charter of the East India 
Company," and subject to the Rules and Regulations in the 
said Act contained, provided, however, that nothing in that 
Order contained should extend, or be construed to extend, to 
permit any Vessel, under the burthen of three hundred and 
fifty tons to export from the said Settlement, or the Territories 
or Dependencies thereof, to the Ports of the United Kingdom, 
any articles, the growth, produce, or manufacture of any 
countries, situated within the Umits of the East India Com- 
pany's Charter : And whereas by an Act, passed in the last 
Session of Parliament, intituled, " An Act to consolidate and 
amend the several Laws now in force with respect to Trade to 
and from the places within the limits of the Charter of the 
East India Company, and to make further Provisions with 
respect to such Trade ; and to amend an Act of the present 
Session of ParUament, for the registering of Vessels, so far as 
it relates to Vessels registered in India," so much of the said 
Act of the fifty-third year of His said late Majesty's reign, as 
authorizes His Majesty's Subjects to carry on Trade and Traffic 
to and from the Ports and Places within the limits of the said 
Company's Charter, with all the provisions, restrictions, and 
limitations in the same Act contained, for the regulation of 
such Trade, and for the disposition in the United Kingdom of 

Records of the Cape Colony. 98 

all articles manufactured of silk, hair, or cotton wool, or any 
mixture thereof, imported under the authority of the said last 
mentioned Act, from any Port or Place within the Limits of 
the said Company's Charter ; and the whole of the said Act, 
passed in the Fifty-fourth year of the Reign of His late Majesty, 
together with certain other Acts, passed in the Fifty-fifth, 
Fifty-seventh, and Fifty-ninth years of His said late Majesty's 
Reign, and an Act passed in the second Year of the Reign of 
His present Majesty, all which Acts relate to Trade to, from, 
or between Ports and Places within the Limits of the Charter 
of the East India Company, have been repealed : His Majesty 
is pleased, in virtue of the power vested in His Majesty by 
several Acts, passed in the Forty-seventh and Forty-ninth 
Years of His late Majesty's Reign, and in the first year of His 
present Majesty's Reign, and by and with the advice of His 
Privy Council, to order, and it is hereby ordered, that so much 
of the said Order in Council, bearing date the 24th day of 
September 1814, as relates to the tonnage of vessels importing 
from the said Settlement of the Cape of Good Hope, its Terri- 
tories and Dependencies, to the ports of the United Kingdom, 
goods, wares, and merchandize, the growth, produce or manu- 
facture of Countries to the eastward of the said Settlement ; 
and also so much of the said Order as subjects the exportation 
of such goods, wares, and merchandize to the provisions of the 
said Acts of the fifty-third and fifty-fourth years of His late 
Majesty's reign, be, and the same are, hereby revoked : And 
His Majesty is hereby further pleased to order, that such goods, 
wares, and merchandize so exported, shall be subject to the 
provisions of the said Act of the last Session of Parliament, 
so far as the same are applicable thereto, in like manner, as if 
such goods, wares, and merchandize had been exported from 
any port or place within the limits of the Charter of the 
East India Company. 

And the Right Honourable the Lords Commissioners of His 
Majesty's Treasury, and the Lords Commissioners of the 
Admiralty, are to give the necessary directions herein, as to 
them may respectively appertain. 

(Signed) C. C. Greville. 


Records of the Cape Colony. 


Betnm of Settlers in Albany residing on their Locations on 
the 21st February 1824. 


NuDM of the WomeQ. 




of Men 


W. Smith's Location. 

William Thackwray 

John Thackwray .... 

David Hobflon .... 

Dorothy Thackwray 
Mary Ann Hobson 


Captain BagoCa Location. 

Robert Wood Bagot 

Robert O'Connor .... 

Mary Bagot 
Harriet O'Connor 


Mr. Clarke's Location. 

Jeremiah Honey .... 
John Marshall .... 
William Wentworth 
William Wentworth junior 
Thomas Kamkin .... 

Ann Honey 
Frances Wentworth 


Major Pigot^s Location. 

George Pigot. .... 

Amos Boucher .... 
Richard Boucher .... 
Priestwood Boucher 
John Pancas ..*... 
George Pratt 

Elizabeth Pigot 
Catharine Pigot 
Sophia Pigot 

Lucy Pancas 


Captain CampbelTa Location. 

Duncan Oampbell .... 

Mary Ann Campbell 
Sarah Tilbrook 
Jane Stroud 


Mr. Stanley's Location. 

John Stanley .... 

Sarah Stanley 

Mr^ Liversage's Location. 

Samuel liversage .... 
Richard Forrester .... 
William Mumford .... 
Abraham Robinson 
Thomas Manly .... 
WiUiamFord .... 
David Venables .... 
James Cannon .... 

Harriet Liversage 
Mary Forrester 
Mary Mumford 

Mary Manly 
Sarah Ford 
Jane Venables 



Records of the Cape Colony. 




Names of the Men. 

Namee of the Women. 


of Men 



MarUnCs Location. 

JohnFoumier .... 


Waiiam Calverly .... 

Thomas Calverly .... 

William Calverly jmiior . 

Peter Daniel . ... 

Eliza Daniel 


George Blackmore .... 

Mary Blackmore 


John Grimsdale .... 

Mary Grimsdale 


Ann Mitchley 


Peter Daniel jmiior 

James Willmot . ... 

Ann Willmot 

William Bowles .... 

Howards Location, 

William Howard . . . ' . 

Elizabeth Howard 


Sarah Cadle 


Mary Bums 


Henry Harper .... 

John Poulton .... 

Ann Poulton 


WiUiam Tarr 

Susan Tarr 


Giles Willan 

Rachel WiUan 


Thomas Bainbridge 

Elizabeth Bainbridge 


John Neland 

Sarah Neland 


Edward Herly . . 

Mary Herly 

James Watts .... 


Edward Hanger .... 

Catharine Hanger 


Morgan^ 8 Location^ 

Nathaniel Morgan .... 

Mary Morgan 


George PhilHp .... 

Ann Phillip 


James Thomas .... 

Martha Thomas 


Charles Kestal .... 

Grace Kestal 


William Thomas . . 

Elizabeth Thomas 


Carlisle's Location: 

John Carlisle 

Frederick Carlisle .... 

Sarah PhiUips 



Burnet's Location: 

Bishop Burnet .... 

Mrs. Burnet 


Perkins' Location: 

Benjamin Leech .... 

Ann Leech 


Menzies' Location: 

Richard Bowles .... 

Elizabeth Bowles 


WiUiam Marsh . . . . 

Susannah Marsh 


XWv«*i/ji «/ the C^fg €mnmu 

v U ♦ An'. 'JhVnV^ 

\ \»/Mi.*i M*»*^w^n ^^•*a♦^ 


EUzabeth Fkln^ 
Deborah Gyius 
Jane Webb 
Mary Mattfaews 
Elizabeth Oate 
Mary Croft 
Ann Talbut 

Ann HaU 
Ruth Oldham 
Mary Hurry 
Luoy Pitt 
Ann Tremlett 
Ann Eudman 
Ann lated 
lUrri^t Roberts 

Mavy Fiimer 
MAvy Wataon 
Aui\ Short 
U«^rH«»t Painter 
Auu 'h^otter 
KiUaU^th Dixie 
M\n, Ktievey 
Mary Uray 

KHwal^th Butler 
KaUmrlne Byrne 

HaiHU) Smith 

vlaue Norman 


I ! 


'i 4 




Becords of the Cape Colony. 


Names of the Men. 

Karnes of the Warnen. 




of Hen 


Francis* 8 Location, 

Peter Ellar 

Elizi^beth Ellar 


Cfardiner'a Location^ 

Edward Gardiner .... 
Isaac Dugmore .... 
John Dudley .... 
William Abbott .... 
Edward Dudley .... 

Mrs. Gardiner 
Jane Dugmore 
Sarah Dudley 
Mary Abbott 
Ann Dudley 


Lieutenant Danida* Location^ 

Richard Daniels .... 
James Daniels .... 
Edwin Hanfield .... 

Mrs.- Daniels 
Catherine Daniels 


Dalgaim'a Location. 

Frederick Williams 
Tobias Therit .... 
William Eatwell .... 
Thomas Harrington 

Sarah Williams 
Nancy Therit 
Mary Eatwell 
Dina Barrington 



MiOa' Location^ 

Charles Hill . . ... 
James Hill ..... 

Elizabeth Hill 


Total, 115 men. 

95 women. 



Settlers' Locations, 

Meldcometcy of Graham's Town, 
21st February 1824. 

(Signed) Geo. Dyason, Field Comet. 



Hecords of the Cape Colony. 


St^toitt<^t of Settlers who are now actually residing upon their 
Lo^tiona within the Fieldcometcy of Bathurst this 
^'SiiX February 1824. 

Mv. Kavhuriit'a Party 

„ Muuuooy'ii ti 
„ BtuUo'ii »> 

„ M*MxUy*i» 
,, HuwW »i 

.. OwwV>» »• 

VtKjiXinkixx Hpott'a 

„ H^4Uw*» •> 

„ Houthtiy*i M 

,. WiUuui I, 

Uymau md Ford'a „ 

„ (Wk'« •> 

„ Thornhiiri 

„ {UW9i 11 

„ (}r0AU\«»d*i 11 
„ Uixon'a i. 

„ Hoi^nl0n*» II 

„ Mfthoni?y*« „ 
Md«hi^. Hwwn and Stubbs' Party 

„ HmdiU\aw*» 
Majpi* Otm^riU Oampbeirt 
Mr. Harke^^'i 

„ Wait^i 

„ Hlggar*a 

„ Uyaaon a 
NutUugham Party 

T()tal on liooatlona 

lu Bathurat , 

In Kowie 

On Mr. Noura©*a farm • 

On Captain Trappea* farm 

Total Settlera wltldn the Fieldoometoy 























































































(Signed) W. Currie. 

Records of the Cape Colony. 99 


Letter from the Commissioners of Inquiry to Lord Charles 


Graham's Town, 23rd February 1824. 

My Lord, — ^Referring to a Dispatch we have received from 
Earl Bathurst requiring our special Report upon the numbers 
and circumstances of Proprietors and Occupiers of Lands in 
the Frontier Districts more immediately with a view to compare 
the relative advantages enjoyed by those to whom Slave labour 
.is still permitted over, those to whom it is prohibited, and his 
Lordship having enclosed to us the instructions addressed to 
the Acting Governor Sir R. Donkin on the 20th* May 1820 and 
to Your Lordship on the 30th September 1822, we have appUed 
to the Landdrosts of the several Districts specified by Earl 
Bathurst for such information as will enable us to comply with 
the orders which we have received upon this Subject, and that 
we may be apprized of any information of which Earl Bathurst 
may have been put in possession previous or subsequent to 
the date of his Despatch to us, we do ourselves the honor of 
requesting that your Lordship will be pleased to furnish us 
with a copy of any Report that you may have addressed to 
Earl Bathurst in answer to His Lordship's Despatch of the 
30th September 1822. We have &c. 

(Signed) John Thomas Bigge, 

William M. G. Colebrooke. 

Letter from Lord Charles Somerset to Earl Bathurst. 

Cape op Good Hope, 2Uh February 1824. 

My Lord, — It affords me much pleasure in being able to in- 
form your Lordship of the complete success which has attended 
the establishment of a Sea Port at the Kowie and to com- 
municate to your Lordship the flattering hopes I entertain 
from the readiness generally shewn to promote a trade with 


/:tronls of t\t Ciipe Colony. 
niv most sanguine expectations of its ultimate 

•,..aer which I caused to be buUt for unloading 

.\trmmeat Vessels resorting thither has been 

C-, I have found it indispensable, on a repre- 

t-ccttsaty thereof by C!ommodore Nourse who 

u. :o direct the construction of 2 Boats to 

._- uid the expenoe thereof » amounting to 

^^ Lordship will sanction, and communicate 

.t Auditors of Colonial Accounts, 

viv.i? «KC« 

>*^:HHi) Charles Hbnry Somerset. 

^^ /nahlbs Somerset to Earl Bathurst. ' 

Ca^k oy Good Hops» 24^ February 1824. 

^^ _ iw hoaor to transmit to your Lordship 

.\»o> of a letter from the Landdrost and 

v^v IV vv>«!ich> bearing favourable testimony to 

,% , A\ Clerk to the Secretary of that District, 

, , \^ Uiat an increase may be made to his 

^.;\ inadequate for his support being only 

V \.;s Uiu^ii per annum ; and I have to request 

a: ui\<i5^^ to entertain the recommendation 

, VVM.VU. tio my increasing the Salary of Mr. 

.. ^ wsUvlivU Rixdollars to Five Himdred Rix- 

. c vVtum^Naoe from the 1st inst. ; Mr. Faure 

. H vA<^ iServioe during a period which has 

v.vwVAAiug of this trifling addition. 

v^usnI) Charles Henry Somerset. 

Records of the Cape Colony, 101 

[Enclosure in the above.] 

Secretabt's OnncE of Stellenbosch, 

February the 2,nd 1824. 

My Lobd, — ^Mr. P. H. Faure, the only Clerk to the District 
Secretary whose Salary (300 Bixdollars per annum) is paid 
by Grovemment independent of an allowance of 100 Bixdrs. 
allotted to him by the District for attending the Criminal 
Sessions of the Board as 2nd Acting Secretary, has represented 
to us the impossibility of his subsisting on the Scanty Salary he 
enjoys, whilst the daily increasing duties, of the 0£B[ce prevent 
him from providing in any other manner for his support, 
nearly the whole of his time being taken up in the discharge 
of those duties — therefore praying the Board to apply to your 
Excellency for an increase in his salary, and being convinced 
of the correctness of his statement, we respectfully take the 
liberty of submitting his case to your Excellency's favorable 
consideration — ^and beg leave to add that if no provision is 
made for the appUcant we are apprehensive that he will be 
necessitated (though reluctantly) to leave a Service in which 
he has become very useful and to provide for himself in another 
manner. We therefore on the above groimds solicit that your 
Excellency may be pleased to make an addition of 300 Bix- 
dollars per annum to his Salary, payable from the Colonial 
Treasury, the District Chest being unequal to bear this 

We nevertheless submit this our proposal to the better and 
niore enlightened judgment of your Excellency, and have the 
honor to be with all due respect and esteem, My Lord, &^. 

(Signed) D. J. van Bynkvbld, Landdrost, 
B. L. Nebthmng,! ^ , 

W. WIUM, I ^^^'^^^ 

. vOliif. 

^ • V.Y, K.N. 

*.* .tJiJ Hv»L ♦*« or THE COWIE, 

Vxr..v>Y» Febrttary 24^ 1824. 

i4 »^o 'ia\e heard of the diffi- 

.vuo >aice their arrival here by 

. .. .M V ecMj, juc Government having 

. * »*.c diutng a good part of that 

, rx;. \eais keeping great part of 

. , i.,*v:v mitigated these evils and 

V .<.!. .icv^eec, ajs^ we have found a 

vv. sviisi rucii 5>traw, that in a great 

^, \*t -;u^c enemy in agriculture, 

. . .a^ v'oia is> not to be our staple 

• ctvicuiiure and planting rather 

. ..^ uj.>on herds and flocks as our 

.,v l>vcn much checked by our 

.S...S. uie Catfi^s, who are only a 

vx. a ov>acs.CHiitly stealing for these 

u.v.i .luvl bhiglicJx to a very great 

\vvvn^ lauly taken the worst of 

\:u xv\ciei\\ we hope they will 

.\vi puiu^\mont muj^t be resorted 

o i viuuiiKv aci. it ig^ only to order 

..vN.';uj<us.Uv\l, asi^ tho* a stout race 

.^ V' vops' With tire arms they are 

.^^ \v 'iwu that I KK>k out with me'i t\\ t'ultilliug my agreement 

.^ luo oae thou;!^Aud acres of 

. ..\ vv'u^ iuul their mot^^t excellent 

^ .,. v^iwvuvl ^KH'haps better than 

^ I acta came out with large 

.. v\ aaJ we have now only to 

, . o;a vluu' friends and relations 

. . ^\M5. tar exceed anything we 

'. 1 , ,; luvluig our location unequal 

Records of the Cape Colony, 103 

to our means Government have kindly given us another place 
making it near 5000 acres with one and a half mile of sea coast, 
one of the finest spots in this country lying four miles from the 
mouth of the Great Fish river and five from the mouth of the 
Cowie, now become our seaport, and whilst many or nearly all 
are complaining, tho' not for want of land, for Government 
has in that respect been sufficiently liberal to such as could do 
it justice, we are getting on almost as well as we could wish. 
Our fruit trees tho' only three years from the stone or cutting, 
are bearing fruit. We have planted above 16,000 vines many 
of which are now bearing, and we have 20 different sorts of 
fruit trees and most of them will be fruitful to all appearance 
in another year, and we are preparing again for a similar 
plantation. Our prospects of improvement will be also much 
in feeding as in cattle, sheep, and pork, we can have an excellent 
market for it salted at the Cowie, where our cheese, which we 
make very good, as well as fat and hides, find a good market. 
Clothing is still very dear, tho' that is not likely long to be the 
case as the exchange has greatly fallen and our goods will be in 
future without land carriage. Land is now very much occupied 
in Albany tho' larger than Yorkshire, a good place may be 
bought for from £150 to £200 for 1000 acres, but it is encreasing 
in value as many people are now satisfied with the means of 
living here, the chmate being for health and comfort almost 
without its parallel and its productions, the most valuable sorts 
may be made profitable such as tobacco, coffee, cotton, and 
drugs of very many sorts, oils &c., and it is a family's own fault 
rich or poor if they do not thrive. The Dutch here are aU 
rich and they have not the industry of the English tho' they 
are careful and provident, many of them have here from 1000 
to 10,000 sheep, and five or six hundred head of cattle more. 
Our population of all colours and many nations, Heathens, 
Mahometans, and every sect and denomination of Christians. 
This multitude is ill amalgamated and we have many tricks 
and thieving amongst them. We had no less than 64 cases or 
trials come before the Court of Session which is held monthly 
of which I am the Senior Heemraad or Magistrate, the Landdrost 
Mr. Rivers being our Chairman and Judge. The Court consists 
of six other Heemraad^ of which my friends Major Pigot and 
Capt. Campbell were some time ago members but are now out, 


104 Records of the Cape Colony. 

there being parties here as well as in England, but we steer in 
the mean. We have many half pay officers both of the Army 
and Navy, and they do well as they endeavour. I have written 
you much of this long detail for your own and the information 
of Mr. Pitt your neighbouring Magistrate of Organ House and 
any others you may please to communicate it to. 

I am to have a school on my place to which Government 
give to a master 200 dollars per annum and chapels and schools 
are now everjrwhere erecting. I am sjirrounded by the Frome, 
Warminster and Somerset parties who have given me great 
trouble to keep in peace but they are mostly thriving on about 
230 acres for each family and they will get more land as they 
deserve it or can do it justice. We have plenty of fish and 
game and almost every description of wild beast from the 
Elephant and Hippopotamus to the mouse on my premises. 
My boys, have become very dextrous in killing all sorts of 
monsters, who are glad to keep their distance and tho' often 
heard thro' the night are seldom seen. Our worst enemy is 
the large wolf dog which hunts in packs and will pull down an 
ox before our eyes in the day time. In other respects we are 
in a land of Myrtles and Evergreens, a land of milk and honey 
which is found wild in the trees and taken without killing 
the bees with little trouble. We have in very little been 
disappointed in this country as excepting the anticeptive 
disposition of every new soil to foreign vegetation and the rust 
before our arrival little known, we have found it equal to the 
general description given, and if the rust had not been so 
destructive I believe in point of progress this would have been 
for its time the first settlement put in action and I still think 
it will soon recover all its misfortunes and satisfy my Lord 
Bathurst's very best hopes. 

We expect to see the Arethusa at our Port soon, she is 
trading on this coast. We expect most of the coasters will 
soon be here for goods for the Merchants, or stores for the 
frontier army. Most faithfully and affectionately yours, 

(Signed) Miles Bowkeb. 

Records of the Cape Colony. 105 


LeUer from Commodobb Noubsb to John 
William Crokeb, Esqbe. 

His Majesty's Ship Andromache, 
Simon's Bay, February 26th 1824. 

Sir, — I have the honor to acknowledge the receipt of your 
letter of the 23rd of September last, with the copy of a letter 
from Sir Jahleel Brenton, on the subject of the proposed 
extension of the Wharf at Simon's Town, and with every 
deference to the opinion of an OflScer of his standing, distin- 
guished reputation, and local knowledge of this place, I am, 
upon the maturest consideration and minutest investigation, 
convinced that he is much in error, in some of his statements. 

As their Lordships have in consequence of Sir Jahleel 
Brenton's opinions thought proper not to sanction any expense 
on the part of the Navy for the purposes set forth in my letter 
of the 11th July 1823, I should be departing from my duty to 
make any reply thereto ; but as those opinions may seem to 
make my own statements unwise, or improper, I trust their 
Lordships wiU permit my humbly requesting their indulgence 
to be heard in reply to Sir Jahleel Brenton. 

Sir Jahleel Brenton acknowledges the extension of the wharf 
at Simon's Town to be absolutely necessary for the convenience 
of Merchant Vessels ; having long observed the decrease of 
water there by the accumulation of sand ; (and this evil has 
increased since Sir Jahleel Brenton quitted the situation he 
held here) as this is the only wharf, there is the same absolute 
necessity for its extension for the convenience of His Majesty's 
Service, as for the Service of Merchant Vessels ; and as but 
two Merchant Vessels, Dutch, have unloaded in this Bay since 
I have been on the Station, and Merchant Vessels do not use 
this Anchorage during six months of the year, and then only 
to obtain supplies of water and fresh provisions, it will be 
evident the principal wear and tear of the wharf is produced 
in its use for watering the King's Ships, and for all the suppUes 
to, and from the Victualling department for His Majesty's 
Service, of which no mention is made in Sir Jahleel Brenton's 
letter : no other inconvenience appears to be stated in the 
letter, he reports upon, than a difficulty in obtaining water. 

106 Records of the Cape Colony. 

And, as the application for an extension of the Wharf was 
made to His Excellency by me, for stated public reasons, Sir 
Jahleel Brenton is mistaken in asserting '' that it is well known 
that the principal object in view is to accommodate the Merchant 
Shipping and to facilitate the duties of the Custom House." 

Sir Jahleel Brenton states '' that he has always considered a 
Tank as of very great importance, but recommends, should 
their Lordships approve of the King's Ships being watered at 
the Dock- Yard, that it should be built in the Yard at the back 
of the Store Houses." I perfectly agree with him that a supply 
of water for the Navy independent of the Colonial Government 
might be desirable, but as I presume he would not recommend all 
the Victualling suppKes to come thro' the Dock Yard, the King's 
Ships must still have recourse to the only wharf there is, for 
general purposes. And I think when it is considered that all 
the required advantages are to be obtained for one third of £320 
sterling, the total Estimate for extending the wharf, and one 
third of £241 4^. the estimate for the Tank, it would be paying 
very dearly to be independent of the Colonial Government, to lay 
down pipes, to build a Tank in the Dock- Yard, and to project 
a Wharf as proposed by Sir Jahleel Brenton, which, I will very 
clearly prove would be attended with a very considerable ex- 
pense, and after all, not so desirable as imagined by Sir Jahleel. 

Should Sir Jahleel Brenton propose aU the Victualling 
SuppUes to come thro' the Dock Yard, which I cannot for a 
moment believe, the distance between the Town Wharf and 
the Dock Yard Wharf would, by reason of the increased 
distance, double the expense in labor, in getting the victuaUing 
Stores into the Victualling Store, and it will be seen by the plan 
I have the honor to enclose herewith, that the Wharf proposed 
to be projected to Sober Island by Sir Jahleel, would be still 
farther from the VictuaUing Store, with the inconvenience of 
passing all the Stores thro' the Town, and along the only Road 
for all the purposes of the Pubhc. The plan will also show 
how very much mistaken Sir Jahleel Brenton is, in asserting 
that this Wharf may be built at much less expense. The Rock 
called Sober Island is a shelving rock with foul ground around, 
it, and it would be necessary to throw out a jetty 60 feet beyond 
Sober Island to enable Boats to make use of it ; and the jetty 
in the entire length must be 360 feet. 

Records of the Cape Colony, 107 

I am also very sceptical as to the advantages this Wharf 
would offer in sending Anchors off to Vessels in distress, or 
its importance in enabling ships' boats to take their supplies 
on board in the worst weather. 

In the first case, Ships in distress in S. E. Gales, from parting 
from their Anchors, or driving, will be foimd very much to 
leeward even of the Dock Yard, and at this moment there is 
not a boat that could take off a larger anchpr than a stream, 
and in such weather as it may be prudent to send off supplies 
in ships^ boats, there is no difficidty in warping, or rowing up 
to Sober Island, under its lee, before stretching off to the ship. 

With regard to Sir Jahleel Brenton's observation " that the 
Port Charges presents a Fund for all the purposes of the present 
Wharf " I send an extract from the Harbour Master's Book of 
the Port dues received in 1822 & 3, out of which the Harbour 
Master's Salary and Establishment is to be paid, and when thci 
keeping the Wharf in repair, water pipes &c. is considered it 
will be evident there is little or nothing to spare. Part of the 
Expense for laying down the present pipes for convepng water 
to the Jetty was originally paid by the Naval Department and 
if the Colonial Department extend the Wharf at their own 
expense, they perhaps might levy a Wharfage duty ; which 
was formerly done on Government Stores landed at the Wharf 
at Table Bay. And I am given to understand that difficulties 
still exist in that respect. 

They may also object to any separate supply of water, there 
being but one source, from which all the Town and public 
Buildings are supplied. 

The difficulty, also (which I am aware Sir Jahleel Brenton 
is fully sensible of) of engaging the Colonial Government to 
undertake any expense that may benefit the Naval Department, 
when it may be deriving any conjunct benefit without that 
Department agreeing to pay a proportion of the expense is 
such, that there is no expectation of the inconvenience com- 
plained of, being remedied. I have &c. 

(Signed) Joseph Nouese, Commodore. 

The Port Dues received are shown in the returns enclosed to 
have been Rds. 1893 in 1822 and Rds. 2337 7 schs. in 1823. 

Xo^ i< 

y^ivnU '/ ^he Cape Colony. 

?«> Ki>oi> L.OiB» F&NCHX7BCH Strebt, 25 February 1824. 

10% I cvulid^ttt from the politeness evidenced towards 
s> .»vv<uv>u on b*>h*lf of the distressed Settlers at the Cape 
s v\>v\l iU>iK\ thAt I may be permitted to occupy your time 

v^ -.o luiv^rm you that since the deputation had the honour 

. s* uu i\ lovw N^ith yourself and Earl Bathurst, that a private 

..xv v.u^ luji bc^u held in the City, a Committee chosen, and a 

, .i^^ v»i: iciiolutioud thid day passed ; which resolutions it is 

u \\ Lxh ot iho Coauaodttee to advertise. 

I Uc v>tvj^a of my communication at this time is this, My 

l.v'ivi tvithurat moat politely and condescendingly said when 

lUy^ Uv^uUtiou had the privilege of an interview with him, 

lUvU \\c tuiU hia permission to make any use of his name, 

v\v\ uUtovl to promote the object we have in view ; but the 

\,\Aiuiuittw do uot feel justified in avaiUng themselves of his 

Uv'avl5*tup\ p^^miasion without submitting for his approbation 

wUat tlu^y hnve prepared ; and I have to beg you would be 

|.»lvvi^v\l to allow the same deputation an early opportunity of 

V \lubatii;g to yourself and his Lordship the resolutions. I need 

luu M^Ni' with what satisfaction the Committee received his 

LvuvUhip'>4 communication. 

Uu^^v I b<^ excused, if I urge an early audience, as we only 
wait fus LoixJahip*a approbation to commence advertising, 

I have &c. 

(Signed) John Foulger. 

i.Usf ffvm UvHU (>WAiU4»s Somerset to Earl Bathurst. 

Cap« of Good Hope, 21th February 1824. 

\i\ l^vK^^^x, \u c^vixH^quenoe of being assured that a Paper 
lU tUv^ turn v4" ^ M^wca^kl will be or has been forwarded to the 

Seeards of the Cape CoUmy. 109 

Lords CoiTiTniflfiionera of His Majesty's Treasury containing 
various assertions relative to the conduct of Charles Blair Esq., 
Collector of Customs at this Port, and conceiving it possible 
that their Lordships may refer it to your Lordship's Depart- 
ment, I feel it an attention due to your Lordship to transmit 
copies of the documents which have passed on, and which have 
been originated by, this subject, and to make a few observations 
which may tend to prevent your Lordship from being misled by 
the bold misrepresentations embodied in that Document. Your 
Lordship will not fail to observe that in Mr. Blair's letter to 
me he asserts that the greater part of Mr. L. Cooke's Statement 
complaining of Mr. Blair's conduct to him is false. Mr. L. 
Cooke having abandoned the action he brought against Mr. 
Blair for redress, givjes reason to infer that Mr. Blair was 
correct in this assertion. 

With regard to the observations made relative to the 
apprentice John Elle I have to observe that the Collector of 
Customs being the Curator of all Negro Apprentices condemned 
as Prize and apprenticed by him in obedience to His Majesty's 
Order in Council, it is his bounden duty when an apprentice 
has lost his Master to call him in and re-apprentice him for 
the remaining Term of his Apprenticeship with such Person, 
as he shall believe will treat the apprentice with humanity 
and will adhere to the conditions of the Indenture. 

As to the Apprentice being free, and not a Slave previous 
to his Apprenticeship, it was not a point for Enquiry in the 
Collector of Customs, who was bound in his public duty to 
apprentice the Negroes delivered over to him as prize under a 
Decree of the Vice Admiralty Court. 

It will not escape your Lordship's observation that Mr. L. 
Cooke who asserts the Freedom of this man previous to his 
Apprenticeship had no scruple to hire him (without the know- 
ledge of the Collector of Customs) of the person to whom he 
was indentured during a period of 6 years, paying his Master 
35 Rix dollars per mensem, but paying the Free man — nothing. 
If Mr. L. Cooke's motives were pure and he really believed the 
man had a right to Freedom, it would have been more consistent 
with the Philanthropy he desires credit for, to prove it and 
release him from bondage than to confirm that state of Bondage 
by hiring his Services of his Master. 

110 Records of the Cape Colony. 

With regard to William Cousins I have ascertained that the 
whole is a misrepresentation. At the expiration of that man's 
apprenticeship Mr. Blair gave him much larger wages than it 
is customary to give to Black Servants here, and the man 
became so addicted to intoxication that he was compelled to 
dismiss him from his Service. 

Your Lordship will attach but little credit to the general 
slander which Mr. L. Ck)oke deals out against Mr. Blair iu the 
execution of his Duties, from the mode he has chosen in 
asserting it. Were there the slightest foundation for his 
assertions I conceive Mr. L. Cooke would represent special 
cases to the Governor of the Colony, who being on the spot | 

can investigate and redress grievances, but Mr. L. Cooke 
states no specific case, but passes by the Local Authority | 

and carries his accusations to the Lords Commissioners of the j 

Treasury, who from distance alone are precluded from the ! 

means of ascertaining their Truth or Falsehood. 

The subsequent correspondence and the petitions to the 
House of Commons will evince to your Lordship the sort of 
character Mr. Edwards is, into whose hands and guidance Mr. 
L. Cooke has fallen. When His Majesty's Commissioners come 
to the Custom Department in the course of their Livestigations 
here, your Lordship will be better informed of the Conduct of 
its Ofl&cers than by such compositions as emanate from Mr. 
Edwards' pen. 

I have to add that Mr. L. Cooke is now under prosecution 
for his Libel against Mr. Blair, and Mr. Edwards (who conducts 
the defence) has been committed to prison for a month by the 
Court for persisting (after having been twice warned) in abusive 
and indecorous language towards it. I have &c. 

(Signed) Charles Henry Somerset. 

Beoords of the Cape Colony. Ill 



Letter from the Revebend William Geabt to the 
CoBoassiONEBS OF Enquibt. 

Graham's Town, February 2%ih 1824. 

Geittlembk, — Is there no redress for such base Calumnies 
against the character and conduct of a Qergyman as I have 
just seen recorded in the Cape Town Gazette f Of the crime 
of illummatmg, it is with a mixture of pleasure and pride I 
confess myself guilty, and I pity those who from any motives 
could refrain to afford such quiet and peaceable demonstrations 
of joy in honor of the arrival of Authorities determined to do 
their duty with fideHty, equity, and honor, and in gratitude 
to the British Government for this mark of its solicitude for 
the comforts and privileges of its loyal and oppressed 

I assure you, (Jentlemen, that my cheering the Mob consisted 
only in exchangmg a few whispers with Mr. Dietz, the Heem- 
raad, whom I accidentally met in my solitary and tranquil 
walk, whose utmost limits extended from the front of my 
House to a Uttle way past the jail and back again, the time I 
was out probably did not exceed 10 minutes, it was certainly 
not longer than a quarter of an hour. No other Individual 
did I address, or even meet that I had any knowledge of, nor 
was I either a Spectator or Hearer of the stated riots, having 
retired to my habitation for the night, before the interference 
of the Landdrost and Commandants, which I never heard of 
till the next morning. 

I request permission to lay before you Copies of Letters, the 
first addressed to the Chaplain General, and the other to Major 
Somerset. I further solicit the favor. Gentlemen, of laying . 
before you a Copy of an Official Document I received by this 
Morning's Post (the official letter dismissing me from the 
Military Chaplaincy). 

I have not a doubt, Gentlemen, that some fresh provocation 
is meditated against me to excite me to expostulate, which 
will furnish an excuse for my compleJte dismissal. I cannot 
suffer the Calumnies in the Cape Gazette to go unref uted ; they 
seem inserted for that purpose, and I have no other alternative 

112^ Records of the Cape Colony. 

^bsok to address an ofBoial letter to His Excellency demanding 
}uatk)o against the Editor for inserting so foul a slander against 
so^» as well as redress against its author, and even commenting 
Qtt the falsehood to the injury of my public Character. 

I have &c. 

(Signed) William Geary. 


LeUtT from the Commissioners of Enquiry to the 
Reverend William Geary. 

Graham's Town, 29ih February 1824. 

Sir, — We have the honor to acknowledge the receipt of your 
Letter of yesterday's date, in which you complain of a libellous 
misrepresentation in the Cape Town Gazette of your conduct 
on the night of the illuminations in this Town. 

We oertcdnly cannot but regret to find that any statement 
calculated to expose you to the censure as weU as ridicule of 
the Community should have found its way into the Gazette, 
and we see with satisfaction your anxiety to rescue your name 
and sacred character from imputations which if true would be 
discreditable to both. While we imagine that the ordinary 
mode of redress is open to you against the Editor of the Gazette, 
we think that you will not do wrong in addressing yourself 
previously to His Excellency the Gk)vemor, with a view to 
convince him that the account given in the paper is false, and 
in doing so we cannot forbear recommending you to avoid as 
much as possible any reference to past transactions unconnected 
with this subject, or the introduction of topics which may only 
have the effect of diverting his Lordship's mind from the con- 
sideration of the falsehood of the imputation with which you 
have thus publicly been assailed. We have &c. 

(Signed) John Thomas Bigge, 

William M. G. Colebrooke. 

Eecords of the Cape Colony. 113 

Letter from the Fiscal to R. Wilmot Horton, Esqrb. 

Cafe Town, Cape or Good Hope, 
the 29ih February 1824. 

Sib, — His Excellency the Governor having received from 
one Mr. WiUiam Edwards a letter, bearing date the 11th inst. 
covering a Petition to Parliament, which Mr. Edwards therein 
thought proper to require His Excellency to forward to you, 
on finding that my name and character as His Majesty's Fiscal 
was therein contumeliously treated, has been most graciously 
pleased to transmit the same to me, and I now avail myself 
of the kindness of His Excellency in oflfering to forward you 
this letter, to which I take the liberty to join a copy of 
Mr. Edwards' letter to His Excellency and his original petition 
whereof a copy does remain in my possession, it being my in- 
tention to prosecute Mr. Edwards for the calumnies contained 
in this petition. 

Confident as I am that the style and phraseology of the 
petition, and the very great contempt with which I am therein 
treated wiQ place the spirit of the same not to say the sentiments 
of the writer thereof in its true light, before yourself or any 
authority to which the same may be presented, I cannot but 
acknowledge that it would be still an inconsideratency to treat 
even the most transparent calumny of my enemies with too 
much levity. I therefore hope you will excuse the liberty I 
take, in submitting some remarks to your consideration to 
obviate his injurious intentions. 

I am represented in the Petition to be a native of Amsterdam 
and in consequence not to be entitled to hold an office of trust 
under His Majesty ; not even in this Colony. If having resided 
in this Colony for more than 21 years, having during all that 
time enjoyed equal rights with other native Inhabitants, and 
shared with them the vicissitudes to which this Colony has been 
exposed, not having sworn allegiance to any still subsisting 
Government excepting that of His Majesty, having now about 


114 Becords of the Cape Colony. 

12 years, in the course of which Providence has blessed me with 
a family of six children, all British bom subjects, served His 
Majesty in the capacity of Fiscal, and having I am happy to 
say constantly experienced His Excellency the Governor's 
implicit reliance in the integrity of my ofl&cial conduct, would 
not entitle me to the continuance of the trust, hitherto reposed 
in me, I would be at a loss to guess what better pledge for 
my true and faithful allegiance to His Majesty could be 

Mr. Edwards has further represented me in the Petition as a 
man, by whom he had been treated in a very rude and haughty 
manner, and has referred to the affidavits of Gentlemen, who 
on the 11th inst. accompanied him in my office. As I am 
ignorant of what these affidavits may contain I cannot judge 
of the truth or inaccuracy thereof ; yet I recollect that in the 
morning of the 11th inst. being in my office I was informed, 
that Mr. Notary Edwards was waiting at the door of my apart- 
ment, accompanied with two witnesses and requested audience, 
he was soon admitted, but the little knowledge I had acquired 
of Mr. Edwards's character during his stay of some months 
only in this Colony prompted me to request the presence of 
four of the Gentlemen in my Department, to witness the 
conversation which might happen to take place between Mr. 
Edwards and myself ; and I am confident their judicial 
evidence, in case it may be requisite to have recourse thereto, 
will sufficiently explain how I have conducted myself on the 
iHH><i8ion. My knowledge of the character of Mr. Edwards I 
Allude to, is founded on the circumstance of his having been 
mndwttued to a penalty for having grossly insulted an 
InlmlUt^ant in his own house, his having in the course of the 
jmK>tHHiinga in that case conducted himself in a disrespectful 
m^nimr towards the judge, and his being actually in the state 
\\t »Vt9lM4 for the crime of publishing Mr. Cooke's Memorial 
4l^tu»t Uxe Collector of the Customs mentioned by him in the 
IVUUon* which under the existing circumstances, the same 
ttx\l having bo^n presented to that authority which I thought 
^NW^H^tt^ut to judge of the Collector's conduct towards Negroe 
A|v|\WvwUiH>8i and bearing moreover evident marks of the most 
Wfev>l\k^YOua intention, I cannot view in any other light but 

Records of the Cape Colony, 115 

as a libel. To this it may be added, that on the 3rd inst. when 
he was informed by me that the Duplicate of said Memorial 
was in my hands, although I did not say His Excellency has 
instructed me to prosecute him, Mr. Edwards has conducted 
himself in my office in a very unbecoming manner, by 
threatening to make whoever might have intercepted the 
memorial (such were his expressions) atone for his conduct, 
and thereby has occasioned me to put a stop to all further 
conversation on the subject, for fear he might go on in the 
same strain. 

Whilst I write this, Messrs. Cooke and Edwards are under 
my prosecution for libelling, and such has been the conduct 
of Mr. Edwards in the Court, that the Judges having repeatedly 
warned him not to forget himself, were at last compelled on 
the 16th inst. to commit him for one month for contempt of 

That part of Mr. Edwards's Petition wherein he has charged 
me with having winked at crime in office, sanctioned inhuman 
cruelty, oppression in authority, lent myself the minion of 
power, to punish those who were seeking to do what it was 
my duty to have done, being the subject of my intended 
prosecution for calumny I will do myself the honor to inform 
you of the result of my proceedings, as therefrom I expect 
it will appear whether or not I ought to be subjected to such 

The charge contained in the prayer of Mr. Edwards's Petition, 
that I should have intercepted the Memorial of Mr. Cooke 
hardly requires to be noticed, the same having been transmitted 
to me from the Colonial Secretary's Office — as a libel — for 
enabling me to prosecute the offenders. Nor do I think my 
having refused to Messrs. Cooke and Edwards, what therein 
has been called their passport, will be by you considered worth 
a moment's consideration, as my prosecuting Messrs. Cooke 
and Edwards, on the charge of libel, prevents my doing any 
act which might defeat the object of my prosecution, by 
co-operating in their avowed intentions without the least delay 
to quit the Colony. 

I take the liberty herewith to annex translation of the 
Sentence whereby Mr. Edwards has been condemned to a 
penalty of one hundred and fifty Rixdollars, for having insulted 

I 2 

.-uae^ which penalty wbesi called 
utiauvit lie iifieiaied himadf unable 

iioiU^tiG it better ta retain the 

A.«t :a«J loaor to send a Copy as 


^ -"^ 

ix; 'V iu«? Growens Wine Merchants^ 
; V aw lYade ol the Cape of €rood 
v^^cicial K3Lchang&> for the purpose 
olx ^ a^ lut^au^ be^ calculated to pre- 
. .wdditional Dutieij on the unportation 
»utt?d Kingdom : — 
vuvix^jas^ Truter, Kni^t^ LLJD.> Chief 


^ oivv aided, throu^ His Exc^ency 

V ^abmitting to Hi^ Majeety^s Govem- 
. I o£ the amount of Capital actually 
.^^.0 ^^t &hi& Settlement — the encourage- 

» uv h tht? greater part of this capital 
s . >v importance of the Wine Trade to vvud\>^uence^ which would result 
\ '>uiKvi ou the Importation of Cape 

\ u^vioiu ; or from any alteration in 

,o .>u the Importation of Cape and 

/^.^ ro tho Cape Trade : 

V vMiu\l for the piurpose of preparing 
v\ oius lUvK^t lai:gely interested in, or 

. i..v.»iiaatioa upon this subject." 

Records of the Cape Colony. 


The following Committee was then appointed : — 
Clement Matthiessen, Esq. President, 
J. W. Stoll, Esq. Landdrost of the Cape District, 
D. J. van Ryneveld, Esq. Landdrost of SteUen- 

Messrs. Alexander M'Donald, 

Gabriel Vos, 
Wm. Robertson, 
J. Rossouw, 
R. W. Eaton, 
Michael Breda, 
Stephen Twycross, 
P. J. Pentz, 
John Beck, 
P. van der Byl, 
P. L. Qoete, 
Francis Roos, 
P. Marais, 
Corns. Brink, 
J. de Villiers, 

P. M. Brink, 
John CoUison, 
G. H. Meyer, 
Daniel Dixon, 
John Breda, 
Hen. Muller, 
Peter Woutersen, 
James Nisbet, 
(Of Cape Town.) 




Thos. Dreyer, 
A. P. de VilUers, Clapmuts, 
D. Hugo, Fransche-hoek, 

J. M. von Helsdingen, Hout Bay, 
P. le Roux, Waggon-makers Valley. 

Jno. Saml. Merrington, Hon. Sec. 

The Committee having been most readily and obligingly 
furnished with aU such Official Returns as were required, and 
having had communications with most of the principal Wine 
Merchants and Wine Growers, have prepared the following 
Memorial : — 

See page 128. 

[South African Journal.] 

Description of the Zuurveld. 

Our first view of the Zuurveld was from the summit of the 
steep hills that bound to the southward the valley or kloof in 
which Graham's Town is situate, and which we crossed in our 

118 Records of the Cape Colony, 

way to the Hottentot village of Theopolis, on the river Kasouga. 
From this elevated ridge we had at once under our eye the 
whole country over which the English locations are scattered, 
— ^bounded by the ocean in front, and by the Bosjesman's and 
Great Fish rivers on the right and left. This extensive district, 
(restricting it to what was originally and properly denominated 
the Zuurvdd^) may be described as an immense plain, sixty 
or seventy miles long, by about thirty broad ; calculating its 
length from the Bosjesman's to the Fish river, and its average 
breadth from the sea beach to the parallel range of mountains 
that extend from the Fish river to Assagay Bush. Though I 
have called it a pLain^ however, it is very far from exhibiting, 
over the greater part of its extent, anything like a level surface. 
Near the coast it is much diversified by small hills, and gently 
rising grounds, and for the most part flows into an easy undu- 
lating outline. The streams or rivers, also, which issue from 
the range of mountains we now stood upon, have in many places 
intersected it with deep and broad ravines, the sides of which are 
almost everywhere clothed with an impervious forest or jungle 
of evergreens. On this account it is very difficult to cross the 
country from east to west with wheel carriages ; and to travel 
along the banks of the rivers is still less practicable, from the 
innumerable gullies or kloofs, choked up with thorny copse- 
wood, that run down to the deep channels of the rivers from 
the plains on either side. By keeping aloof however from these 
subsidiary kloofs, and crossing the river-glens at convenient 
places, one may travel over the Zuurveld easily and pleasantly, 
especially on horseback. In speaking of rivers^ I ought to 
remark that this appellation is applied by the African colonists 
to every brook that merely exhibits a stream of running water, 
and even to many that can only occasionally claim that dis- 
tinction ; so that the term often appears very ludicrously used 
to a European apprehension. But indeed the rivers of the 
Cape Colony, with scarcely an exception, are little else than 
periodical torrents, usually flowing with a diminutive, and 
frequently a brackish streamlet, at the bottom of a large 
chasm or glen, the banks of which rise on either hand steep 
and shaggy with wood, like the side of a mountain ; so that 
in many cases it will take one a full hour to cross from the top 
of one bank to the other, although the river at the bottom will 

Records of the Cape Colony. 119 

scarcely wet your horse's hoof as you ford it. But then these 
tremendous yawning gulphs when filled by the sudden and 
excessive rains to which this climate is occasionally subject 
are swollen " from bank to brae," with a mighty and furious 
torrent, which defies all controul, and obstructs all passage. 

The forest or jungle, (for it partakes of both characters,) 
which clothes the steep and rugged ravines that border the 
rivers of Albany, and skirt the boundary ridge of mountains, 
are still inhabited by herds of buffaloes and some species of 
the antelope and the hy»na. But the elephant has retreated 
since the arrival of the Settlers to the more impenetrable and 
solitary forests adjoining the Fish and Bosjesman's rivers. The 
countless herds of springboks, hartebeests, quaghas, and other 
large game, described by former travellers as frequenting the 
open pastures and adding so much life and beauty to the lonely 
landscape of Albany, have also almost totally disappeared ; 
and with them the lion, — ^who is however far from being such 
a poltroon as Mr. Barrow supposes. The Settler is well rid of 
the ferce naturce, and has had in fact little cause to complain 
of the wild beasts, except from the occasional ravages of the 
ravenous but cowardly hyaena among his fiocks, or of straggling 
troops of springboks on his green corn. 

In travelling over the open plains and savannahs of Albany 
we found everywhere a sandy soil of grey, yellow, or blackish 
hue, generally upon a clayey bottom ; clothed in many places 
with a closer and more verdant turf than I had seen anywhere 
else in the colony ; in others waving under a rank crop of long 
spiry grass, among the roots of which the loose mould was 
often turned up and traversed by myriads of grey moles and 
field mice. The herbage though abundant was almost univer- 
sally of the description called sour ; but varying very much 
in quality and appearance in different soils and situations. 
The quality of the soil likewise varied very considerably in 
different places, but except under the woods, it appeared to 
be generally meagre, and of a description that would require 
great assistance from manure to render it permanently 

We also here and there discovered large patches rendered 
barren by the excessive prevalence of salt-petre. But the 
entire want of fresh water in some places, and the precarious- 

120 Records of the Cape Colony. 

ness or brackish quality of many of the brooks and fountains 
that existed, together with the impracticable character of the 
river banks, and the extreme poverty of the soil over a large 
extent of the more open country, appeared to present more 
formidable obstacles to the existence of a dense population, 
or a very extended and successful agriculture ; and rendered, 
in fact, no inconsiderable portion of this district entirely 
unavailable for any other purpose than occasional pasturage. 

The general aspect of the country was, nevertheless, fresh, 
pleasing, and picturesque. The verdant open pastures, and 
smooth grassy knolls, formed an agreeable contrast with the 
dark and dense masses of the sweeping forests, which clothed 
the deep glens and broken country near the river courses. 
The undulating surface of the champaign coimtry was more- 
over often pleasingly diversified with scattered groves or large 
straggling trees, intermixed with thickets of evergreens and 
clumps of mimosas. In the lower bottoms, wherever a brook 
or fountain had been discovered, and the light mould washed 
from the higher grounds presented a richer and deeper soil for 
cultivation, we found the poor Emigrant at work in his field 
or garden ; his reed hut or wattled cabin generally placed on 
the side of some narrow valley, under the shade of a grove or 
thicket ; his cattle kraal and sheep-fold, his garden fence, and 
even the division boundary from his neighbour's field, or the 
common lane, often carefully ditched and wattled with that 
peculiar neatness and taste which the English peasant alone 
displays in such circumstances. 

The exertions no doubt of many of the new Colonists 
appeared in some cases rather preposterously applied ; and 
much inexpertness and mismanagement might be discovered 
in their farming operations. This was naturally to be expected 
from the class of people that composed the mass of the Emi- 
grants, in which was included but a very small portion of 
practical agriculturists. To this cause partly, and partly to 
the decided taste of the English for trim and tidy appearances, 
I ascribed that attention to external embellishments, in 
preference often to things of more direct utility, which we 
observed in some of these locations. The Scotch on the 
contrary, though perhaps as Settlers, (whatever may have 
been their previous occupation,) they generally exhibit an 

Records of the Cape Colony. 121 

industry more persevering and better directed, are apt to 
postpone minor comforts and conveniences somewhat too long. 
Keeping profit and utility steadily in view, they allow embel- 
lishment, and even accommodation, to wait their leisure. 

On surveying the Locations of the English Settlers during 
this journey, my companion was strongly impressed with the 
conviction, that many of them had fixed their residence too 
near the course of the brooks or temporary torrents, which 
are apt to ravage the bottom lands and occasion immense 
damage to the cultivated ground in every part of the Colony ; 
and he pointed out to me, and to several of themselves, the 
marks of former deluges on the trees and banks, higher than 
some of the huts they inhabited, or the fields and gardens they 
were cultivating ; but as these vestiges of destruction appeared 
old and indistinct, the notice of them did not seem to produce 
any strong impression. 

The houses they then inhabited, or were erecting, were 
chiefly of the description termed "wattle and daub," — ^that 
is, a frame of posts surmounted by a thatched roof, and wattled 
up to the eaves with limber boughs or saplings from the nearest 
thicket ; the inner divisions constructed of the same materials ; 
and the whole plastered with clay. And when neatly smoothed 
over and whitewashed, and embellished in front by the trim 
garden plot and wattled fence, these cabins often looked 
extremely handsome and picturesque, as we came suddenly in 
sight of them peeping out from the skirts of the ancient forest, 
or embowered in some romantic wood or evergreen shrubbery. 
But though readily and cheaply constructed where materials 
can be so easily obtained, and apparently not ill adapted for a 
climate usually so mild and dry as that of Albany, it must be 
owned that these elegant but slender edifices are quite in- 
adequate to withstand the terrible floods and storms which 
occasionally ravage every part of this Colony, — as the Settlers, 
to their cost, have at length fully experienced. And even in 
ordinary seasons these fragile dwellings would require constant 
attention and frequent repair. The Settlers probably dis- 
covered the defects of the " wattle and daub," before the close 
of the second season ; but some were by that time too much 
disheartened by their distresses, and others too much reduced 
in means, to erect dwellings of a more durable description. A 


4' ;aW tVfir Ctim^ 

^^^mI !ii«&tt>\ >>^Mv^r. V*< Mk Immbbs cf lurid^ stone, or 
^^ U^vatti»«ux^ v'S>.^ MMt ;)i i^«^ lorf imiuted the African Boor, 
ia vVtt$4ty^ua^ ^^^^^ >iiiiu;^<)£ iM^eRdday, wbidi in a country 
>Okm:^ jUiA.^ :^ :vvex|Nwixi^%> W«»d far eemait,^ is probably 
(b< :am^ ;>«xui^.jUM^^a|j^M^«Aimdfartc^^ buildings. 

Mju»^^^ ui uMicc^v^ gc ikdb $«»t^ «im1 odieis equally important, 
luu^a^ r^MiviJU^ W «s^|NC#^ fi^Mft p^pl^ vithoat experience of 
UK^ ootua;^. ^UjKi ioc tkii^ MC^ |Mt^ vidioot any knowledge of 
rur^J: cuteu^i^ rti^ iMii^tx and doiibikss did, dmve some 
.iJ\.AUu^ tr>>ai UlMi fiMk^Hid ktti>wle4ge of their few Dutch 
^tua Ho;u^K^ ifeei^KHW^; Km Kke vtost othcx^ men, they 
\^c;.v (MX'iKiit^y a^ te ii^waM {iride^ to despise the advice of 
viKVix' >4 Wii«> iuKwiiMlMii ^liQr >ictc^ otkerrae too much disposed 

UtUr ffsHH U>iu^ Chakuss Somsbset to 


Caps ow Qood Hope, let March 1824. 

^\H> I ^^^>> ^ hoaor at the request of His Majesty's 
Kvnss;' iuuv t\^ UAuamit Wyou a Letter from that Gentleman 
ss^v.u^^ i\ kVliUi^u fiv«a a man named Edwards not long 

♦^ i»^^ Uv^Unan?^ ovv^ \>£ ^ bwt description in this Colony, owing to 

.1. ^ vs, s sivasV v4 fcutt«\ W^ built with clay for mortar or cement, 

, ^\ nv:. vV;u v^ij^Uh>kI with the same material, mixed with fresh 

V » .A ^ (Ui« \uctikvKi (MO&weiro w^ enough under ordinary circum- 
V. ss.» u 4 vU> vluu^t^ ^t when our periodical deluges occur, and 

U. K v,\.\ iixv\>*^svu t<waw% t«k\vU4'*wi by furious winds, penetrate through the 

. V \^ .^.^ '«i\A^ viu^ Iww't oi these clay built tenements, they are abnost 

« > V X \s vvv^\. U >» vho \>tmk>a of some experienced persons, that if the 

V . .s s*i.s. \j^.v\iv VMW\i Vh^ w^tem part of the Colony in 1822, had con- 
., vv ^ v>x vUyv* \>M^v*\ Uh> griM^ter part of Cape Town would have been 

\v\.v, V vv Vkv^ vuuu<4Wk<> damage was sustained. Shell-lime, which 

A >^ . , . >y >sVN**^xu\v ^ \v\viu«uv^ used at the Cape. But there is plenty 

V ,\ .vv% 5,V Vv^v*^ Ki»h Hiver, and bush enough to bum it. Could 

. ^ .V. v\vvi W vHK>»hh1 Iku* navigation, (which so far as yet appears 

\v- ^v\\vxv^3AK\i Vv^ W uttpr^cticaWe,) this lime would become useful 

Records of the Cape Colony. 


since arrived at this place, which the latter pretends has been 
or will be forwarded to Mr. Hume and Mr. Grey Bennet. 

The annexures to my Despatch to Earl Bathurst (No. 75) 
forwarded by the present opportunity will considerably 
elucidate the general character of Mr. Wm. Edwards. 

I have &c. 

(Signed) Chablbs Henry Somerset. 

Return of Troops on the Frontier on the 1st of Mc^ch 1824. 



or Buglers. 

Bank and 


Rocket Troop 





Koyal ArtiUery .... 





Royal Engineers .... 





6th Regiment .... 





Cape Cavalry .... 





Cape Infantry • . • . 





(Signed) A. A. O'Reilly, Brigade Major. 

Letter from Lord Charles Somerset to Earl Bathurst. 

Cape of Good Hope, 2nd March 1824. 

My Lord, — In compliance with the Wishes expressed by 
Your Lordship in Your letter of the 21st August last, marked 
Private, I have the honor to transmit to Your Lordship a 

124 Beeards of the Cape Colony. 

Certificate of the late Colonel Robinson's Marriage at the Cape 
with Miss Deneys, and of the birth of the first Child of the 
Parties. I have &c. 

(Signed) Chablbs Henbt Somebsbt. 

Letter from the Bevebend Wiujam Geaby to Lobd Chables 


Graham's Town, March 2nd 1824. 

My Lobd, — I have the honor to inform your Lordship that 
the Cape Town Gazette of the 21st ultimo contains a paragraph 
concerning me as wounding to the feelings of a Gentleman as 
it is insulting to the sacred character of that profession which 
I have been appointed to exercise in the dignified office of an 
English Clergyman of the Established Church. I therefore 
take the earliest opportunity of vindicating my conduct from 
the libellous aspersions of the Author of this Article, (which if 
true, would have proved me imder the influence of insanity or 
ebriety) by assuring your Lordship that I have abundant 
evidence to testify that the whole of that production is as 
destitute of truth as it is disgraceful to the pen and heart of 
its wretched fabricator. 

Your Lordship's love of justice and jealous concern for the 
interests of morality, as well as attachment to the Established 
Church, are so unequivocally avowed by the pen of your 
Excellency in documents which I have the honor to possess, 
as to render it scarcely necessary for me to solicit that this my 
formal protest against the veracity of the Writer may appear 
in the earliest Gazette^ with a view of removing, as far as 
possible, the feeling which is now so cruelly operating to my 
prejudice in the public mind, and I submit to your Lordship's 
consideration whether common feelings of humanity and equity 
do not require that so base a Calumny should receive its 
speediest refutation in as public a manner as it has dared to 
make its appearance ? 

Records of the Cape Colony. 125 

I therefore respectfully address the fountain of Government, 
humbly entreating your Lordship that the Editor of the said 
OazeUe be required in that paper to make a penitent acknow- 
ledgement of his Offence as an Apology to an insulted public, 
for such an outrage on the laws of civilized Society as the 
insertion into a public journal, (whose circulation is not confined 
to Africa) of vague and unauthenticated Communications, con- 
taining most palpable falsehoods and grossly reflecting on the 
conduct of an individual belonging to a Class. of public men 
which are considered sacred even among Savage tribes, and 
whose usefulness to the ,World has so intimate a connexion 
with the credit and estimation in which they are held by the 
Community around them. 

I have also, therefore, most humbly to solicit that the Editor 
be compelled to give up the name of the Writer of the Libel 
that he may be prosecuted with the utmost rigour which the 
Law can inflict, and which, I am persuaded, your Excellency 
will perceive the preservation of the public peace and indeed 
the very safeguards of society require. 

In adverting to the charges of my Calumniator, as far as 
respects the one of illuminating my House, I have no hesitation, 
my Lord, in admitting its truth, but permit me to add I was 
far from being, aB the Writer asserts, " one of the first to do 
so," tho' had I even had the honor of taking the lead on an 
occasion so interesting and one so joyous to the Town and the 
District in general, I should have judged my conduct deserving 
of praise instead of censure in being the foremost to evince 
such customary, yet quiet demonstrations of respect to our 
Honorable Visitants in their capacity of High Constituted 
Authorities, specially appointed to their dignified functions 
by the united voice of the British Legislature, and despatched 
from our beloved and regretted Country on an errand so truly 
noble and beneficial, as well as to testify my gratitude and 
loyalty to the British and best of Governments in affording 
such proofs of its paternal care and solicitude for the welfare 
and happiness of its Colonial Subjects. 

The cruel way. My Lord, in which I have been assaulted, 
excites one general feeling of indignation here, and I take the 
liberty of submitting to your Lordship a Copy of a Letter from 
an individual who is a perfect stranger to me, and with whom 


.c*^ t i>v»i-»ji. -:w '\nix 4 p^masl of 

^ ^ ,.>^«k ^Ir. Kivers^ die Landdrost 

._ ^ a, vi .uiiiuit 01 a most dangerous 

.vAuiioimcejs. nay disnissal from 

^u. iiiy reason been assigned in 

^..^ V <u, ^as^ i& the case in my letter 

^uuuid not. Sir, liare tionbled 

'^ub YOU are not ignorant that 

It; 21st ultimo there is a most 

. aJuct, the fabricator of which 

..* >art in those Kiots which the 

- vvl, so that every reader of the 

...oitii uaturally infer that the 

. .ii^ ;m active part, (and nnder 

v, s. uig to a Clergyman,) in " a 

.V4.c/' Yqu must by this time 

,. s w iv>vl when my libellor asserts 

vx .sii^ the Mob most loudly," I 

H ui/ own habitation/ which I 

y^^^ vvKihor common justice does 
^ u the General Orders be 

Records of the Cape Colony. 127 

removed and my Offence clearly and specifically stated, for 
whatever personal injuries of a private nature I feel it my duty 
as a Christian and a Clergyman to excuse, I am neither ashamed 
nor afraid to avow my determination to repel and resent any 
insult to me in my public and professional capacity, by whom- 
soever offered, and whatever be the consequence. You will not 
therefore wonder if in conformity with such a declaration I 
feel most anxious to wipe off every suspicion of my having 
been concerned in a Riot, nor can I permit myself to rest till 
I have exhausted every effort to clear my character from so 
base an imputation, and one no less abhorrent to my feelings 
as a Gentleman than disgraceful to my profession as a Clergy- 
man. I therefore beg Sir to be informed if you will undertake 
to have an omission in the Order so important to my public 
Character supplied, in order to do away the necessity which I 
shall otherwise feel myself under of troubling His Excellency 
with a 2nd public letter. I have &c. 

(Signed) William Geary. 


Letter from Lord Charles Somerset to the Commissioners 

or Inquiry. 

Newlands, March 5th 1824. 

Gentlemen, — I am honoured by the receipt of your Letter 
of the 23rd February, and in reply have to state that I have 
as yet made no report on the Subject of Earl Bathurst's 
Despatches of the 20th May 1820 addressed to Sir Rufane 
Donkin and of the 30th September 1822 addressed to me. On 
the 18th of October last I did myself the Honor to address You 
on this Subject in answer to a communication from You of the 
9tli of that Month, which states the Steps that had then been 
adopted in this Case, and as it is possible You may not have 
that Letter with You I take the Liberty of enclosing a Copy 
of it. I have &c. 

(Signed) Charles Henry Somerset. 

128 JUeards of the Cape Colony. 

Letter from Loed Chaklbs Somersst to Eabl Bathubst. 

Cafe of Good Hofe, ^ih March 1824. 
My LoBDy — ^Having been requested to transmit to the Lords 
Commissioners of His Majesty's Treasury a Memorial from the 
most respectable Wine Growers, Merchants and Inhabitants 
of this place, I do myself the honor to transmit it to Mr. 
Lushington, through Your Lordship, most anxiously soUciting 
at the same time Your Lordship's best Literest in Support of 
it, as it is a Subject on which the entire prosperity and indeed, 
existence, of this Colony depends. I have &c. 

(Signed) Chablss Hsnby Somsbset. 

[Enclosure in the above.] 

To the Bight Honourable the Lords Commissioners of His 
Majesty's Treasury. 

The Memorial and Petition of the undersigned Wine Growers, 
Merchants and Inhabitants of His Majesty's Settlement of the 
Cape of Good Hope Humbly Sheweth, 

That intelligence hfiis been received from England announcing 
that H.M. Government has been moved to lay additional duties 
on Cape Wines imported into the United Kingdom, amounting 
to double the rate of the existing duties, and a provision had 
been introduced into a Consolidation Bill, about to be brought 
into Parliament for levying one moiety of such additional duty 
in July last and the remainder in July next, that upon the 
representation of the Merchants engaged in the Trade of this 
Colony it had been withdrawn, but there was every reason to 
apprehend that the persons interested in the Foreign Wine 
Trade would seize the first favorable opportunity to urge 
Government either to levy an additional duty on Cape Wines, 
or to reduce those existing on Foreign Wines, the latter of 
which would materially injure and the former nearly annihilate 
the Export Wine Trade of this Colony. 

Records of the Cape Colony. 129 

That the agitation of this measure and the dread of its being 
proceeded in, has akeady been productive of great loss to the 
Wine Grower by preventing the investment of capital which 
would otherwise have taken place and lowering the price of 
. the last Vintage and has excited the greatest alarm not only 
among the Wine Growers and Merchants, but all who are 
capable of reflecting upon and appreciating the resources of 
the Colony and the ruinous consequences which would follow 
any alteration in the existing rate of duties. 

That by a Government Proclamation of 19th December 1811 
the Cultivators and Merchants of this Colony were directed 
to the subject of the Wine Trade as "a consideration 
above all others of the highest importance to its opulence 
and character," and such Proclamation after authoritatively 
" demanding from the Settlement a serious and lively atten- 
tion to their interests " promised " the most constant support 
and patronage on the part of Government and that no means 
of assistance should be left unattempted to improve the cul- 
tivation and every encouragement given to honest industry 
and adventure to estabUsh the success of the Cape Commerce 
in this her great and native superiority." This Proclamation 
was followed by the appointment of a Wine Taster and an 
Examiner of Casks, by the repeated publication of advice and 
information as to the best method of culture and the manage- 
ment of wine, by the offer of premiums to those who planted 
most largely and those who produced the best wines, by the 
promise that the old Channels of this Trade should be reopened 
and new ones found and by a variety of regulations all strongly 
evincing the lively interest which Government felt in promoting 
this Trade and which were fully ratified and confirmed by the 
act of July 1813, admitting Cape Wines to entry at the existing 
rates of Duties. 

That the cultivators lost no time in complying with the 
energetic demands of the Proclamation of 1811 but immediately 
commenced planting new Vineyards and the Act of 1813 led 
the British Merchant to embark his capital and the Colonist 
to redouble his exertions and the result has been an immense 
increase in the Plantations, Fustage, and Buildings necessary 
for ccurrying on the Trade. 

That it appears from official returns that the whole prodijice 
xvn, JL 

130 Records of the Cape Colony. 

of the Cape and Stellenbosch districts for the year 1814 ^as 
7,707f Leagers of Wine and 472| Leagers of Brandy and that 
the produce of the same districts in the present year is 19,250 
Leagers of Wine and 1147 Leagers of Brandy, and that there 
are upwards of three millions of Vine Stocks in cultivation 
which have been planted at an expense of upwards of a million 
of Bixdollars, but have not as yet come into bearing. 

That from the most accurate calculation which can be made 
it is found that the capital employed by the cultivators in 
these Districts and the Wine Merchants in Cape Town amounts 
to upwards of 20 millions of Bixdollars and is more than 
double the amount which was invested in this Branch of 
Commerce previous to the encouragement held out for, its 

That in the event of any unfavorable alteration in the 
existing rate of duties no part of this capital could be con- 
verted without causing such a loss as would bring irretrievable 
ruin on all who had under the faith of pledged support from 
Government embarked in growing the Vine. The Vineyard 
which has required seven years of labor and outlay of capital 
would be destroyed and the land for any other purpose of 
Agriculture greatly depreciated in value, and as a large pro- 
portion of the Vines planted since 1811 are growing on lands 
held on perpetual Quit Bents payable to Government and 
which rents were regulated at the time of making the Grant 
by the value of the produce for which such lands were calcu- 
lated, the possessor would be unable to pay his rent. The 
Surplus Stores and Fustage would become useless and it may 
be confidently asserted that there would be a direct and total 
loss of at least ten millions of Dollars by bringing back the 
Wine Trade to the Standard of 1811. 

That the Mortgages upon the Wine Farms in the two prin- 
cipal districts amount to three millions one hundred and fifty- 
five thousand two hundred and eighty-two Bixdollars and 
to each mortgage there are two collateral personal securities, 
a circumstance which would proportionably extend the dis- 
tress attendant on the ruin of the Wine Trade. 

That from the proportion wine bears to the exportable 
produce and from the best calculations it appears that the 
Tcade directly and indirectly gives employment to ,at least 

Records of the Cape Colony. 131 

one third of the population of this Colony, and that such 
proportion would become surplus and be obliged to seek fresh 
employment imder all the difficulties attending such an 
immense destruction of capitaL 

That the revenues of the Colony must follow the fate of its 
capital and labor ; deprived of the duties now collected on the 
exportable articles and of those paid on the goods imported in 
return with a surplus population unable to furnish themselves^ 
with the means of subsistence and the remaining population 
extremely impoverished, it would be impossible for the Colony 
to support the existing Government. 

That it would be tedious if not impracticable to pursue the 
subject thro' all the ramifications of the interests which it 
affects, but the more it is investigated the more clearly it will 
appear that the measure under contemplation would if pro- 
ceeded in bring irretrievable ruin and incalculable distress upon 
the Colony at large. 

That the losses sustained would not however be confined to 
the Colony the enormous rate of exchange which has so long 
existed against the Colony proves that a considerable balance 
is due to England. By the cutting off this her chief article 
of export a further and rapid depreciation in the Currency 
would take place and in the general ruin a great part of the 
balance would be lost as well as the capital of the British 
Merchant engaged in the wine trade and the Colony would of 
necessity become a burthen to the Parent Country. 

Memorialists leave it to the opponents of the Cape Wine 
Trade to shew any advantages which might result to the 
Empire at large from the adoption of any measures more 
favorable to Foreign Wines but they beg to submit that the 
Taxes levied by Foreign Governments on the Wines shipped 
by them to England are to a heavy extent and go to support 
such Governments, while any internal duty collected on Cape 
Wines is solely applied to the use of an integral part of the 
British Empire. That the Foreigner may and does export 
part of his own Wine in his own Shipping while the Cape 
Trade solely employs British Shipping, and that the length 
of the Voyage to the Cape is in the favor of the interests of 
navigation. That the Foreigner receives his returns partly in 
Specie and partly in the produce of other Countries, while 

K 2 

132 Records of the Cape Colony. 

nearly the whole returns for Cape Wines consist in the Produce 
of manufactures of Great Britain. 

That the cultivation of the Vine gives subsistence to a larger 
proportion of the population than any other branch of Agri- 
culture practicable in this Colony, and if it be admitted that 
Agricultural population is the strength of States, the Cape as 
one of the Outworks of the British Empire has a powerful 
claim to preference on this account. 

That memorialists have considered it as an admitted principle 
that States should depend as little ad possible on Foreigners 
for the Articles of general consumption, and the Cape is the 
only part of the British Dominions where wine is produced in 
any quantity and where the cultivation of the Grape can be 
encreased to any extent to which it shall be found advisable 
to give it encouragement. 

That the opening of the Cape Trade and the dread of its 
extension has a natural tendency to lower the price of Foreign 
Wines and is therefore highly advantageous to the British 
Consumers and memorialists conceive that the Revenues of 
Great Britain cannot sustain any loss by Cape Wines being 
admitted at the present duties inasmuch as they have not as 
yet entered into competition with Foreign Wines at the Tables 
of the Wealthy, nor can it be expected that they will for some 
years overcome the prejudices of Fashion, Habits and confirmed 
tastes, but they have in a great measure produced a new class 
of Consumers, who would not have gone to the Foreign Wine 
Merchant, and have therefore produced an increase of 

That for some years after the establishment of the existing 
rate of duties, the exporters sustained excessive losses in their 
endeavors to bring Cape Wines into Consumption in Great 
Britain, and it has been proved to the British Government 
that these losses at one time amounted on an average to ten 
pounds per Pipe. 

That the exporters have since encountered much difficulty 
in establishing the Trade on its present footing and have only 
latterly been able to retrieve a part of their losses, but have 
still to look forward to a distant period for a fair recompense 
for Years of exertion and expenditure. 

That the prices obtained by the Wine Growers for the last 

Becords of the Cape Colony. 133 

three years have not been more than adequate to pay the 
interest on the outlay of capital and the expenses of cultivation 
and that at the prices at the present moment they sustain 
considerable loss. Increased consumption has not kept pace 
with increased production, and it is evident that when the 
Plantations which have been made for the last five years shall 
become productive it will be necessary to find out new Channels 
to carry off the surplus produce instead of obstructing those 
which at present exist. 

Wherefore memorialists on behalf of themselves and their 
families and the rest of the inhabitants of this extensive and 
encreasing Colony, the Settlers who are daily arriving, and all 
who have embarked capital in promoting its Trade and Com- 
merce most humbly but earnestly pray that no alteration may 
take place in the present rate of duties on the importation of 
Cape and Foreign Wines into the United Kingdom. And that 
your Lordships will be pleased to take into your consideration 
the expediency of granting a similar encouragement to the 
introduction of Cape Wines in other parts of the British 

And your memorialists as in duty boimd will ever pray, 

(Signed) John Colmson, 
James Nisbbtt, 
Geo. Thompson, 
and 334 others. 


Letter from the CoBiMissioNERS of Enquiry to the 
Reverend William Geary. 

Gbaham's Town, 8 March 1824. 

Sir, — In professing our readiness to transmit to His Excel- 
lency the Grovemor your proposal for leaving the Colony and 
returning to England, we ought to have mentioned to you a 
condition which we consider so reasonable that we scarcely 
anticipate an objection on your P&rt. 

134 Records of the Cape Colony, 

It occurred to us in the course of yesterday that if the 
Colonial Government would accede to the proposals that you 
have made for facilitating your return to England, it would 
only be just that you should give them a pledge of your deter- 
mination to bury in oblivion all subjects of difference that have 
arisen here, and to abstain altogether from bringing them 
forward as private or public complaints in England, except in 
as far as it might be required of you to meet any complaints 
that should reach the authorities at home before your arrival, 
and excepting always the individual and .special ground arising 
out of the late publication of the letter respecting you in the 
Cape Town Oazette. 

The principal subjects of grievance of which you have had 
to complain will doubtless be noticed by us in reporting to 
His Majesty's Government, on the state of Ecclesiastical affairs 
in this Colony, but without any special or personal application. 
If therefore it is your object to present them to the consideration 
of Earl Bathurst for the purpose of effecting some amelioration 
of the system, or a more near approximation to the frame of 
our Ecclesiastical Polity in England, we can venture to assure 
you that this object will be attained (tho' with a little more 
delay) by means of our report. 

We shall be glad to find that the Condition alluded to in the 
former part of our letter contains nothing that may tend to 
embarrass your determination, which under all the circum- 
stances that have occurred we cannot help regarding as a wise 
and prudent one. 

(Signed) John Thomas Bigge, 

William M. G. Colebrooke. 


Letter from the Reverend William Geary to 
Major Somerset. 

Graham's Town, SOi March 1824. 

Sir, — ^As the whole of my case must now of necessity come 
before His Royal Highness the Commander in Chief as well as 

Becords of the Cape Colony. 135: 

the* British Parliament, and as the 1st part of the General 
Orders of the 19th February has an intimate connexion with 
the 2nd, inasmuch as the cause of my dismissal being there 
omitted to be stated, an insinuation is conveyed that I am 
dismissed for being implicated in " a tumult of a most dangerous 
character on the night of the 4th Instant at Graham's Town," 
of whose existence it is therein stated the Landdrost of Albany 
had apprized the Commander of the Forces, I have to request 
that I may be furnished with an authenticated copy of the 
whole of such General Order, with a view of vindicating my 
Character from such suspicion. I have &c. 

(Signed) William Geary. 


Letter from Major Somerset to the 
Reverend William Geary. 

Gbaham's Town, March %th 1824. 

Sir, — In answer to your Communication of this morning's 
date, I have the honor to inform you that I have not the power 
to give Copies of the General Orders of the Army but by 
Authority from the Commander of the Forces. I have &c. 

(Signed) Henry Somerset. 


Letter from Mr. William Edwards to 
Lord Charles Somerset. 

Cape Town, %th March 1824. 

My Lord, — Ever unwilling to trouble your Excellency 
because I am aware that your duties are already burthensome, 
it is painful to be obliged to intrude on your attention or by 
any other step incur the suspicion of doubting your justice, a 
suspicion I would on no terms be supposed to entertain. 

136 Records of the Cape Colony, 

Your Lordfihip is aware that three weeks ago I was com- 
mitted to Prison by two of the Commissioners of the Court of 
Justice whilst defending myself against an ex-officio prosecution 
by the Fiscal, but it is not now my purpose to canvas either 
the justice, the wisdom, or the legality of this measure. 

I was debarred for two or three days of my imprisonment 
from seeing some of the persons who visited me, and complained 
of it to the Commissioners of the Court who I thought felt the 
injustice of allowing me whilst the Fiscal's Prisoner to be 
prevented by his means rebutting his charge. 

However I find I was mistaken, other difficulties being 
thrown in my way.* Two women came to relate to me yesterday 
some unfair transactions of Mr. Blair, and were detained at the 
Gate and told I must speak to them thro' the bars, where a 
Constable sits and could hear every word. This of course I 
refused, and wrote to the Fiscal, so when one was gone away 
the other was permitted to enter. 

As you will never permit such proceeding I only think it 
necessary in discharging my duty to draw your attention to 
the fact. I have &c. 

(Signed) W. Edwards. 

Letter from Lobd Charles Somerset to Earl Bathurst. 

Cape op Good Hope, 9«^ March 1824. 

My Lord, — In Obedience to your Lordship's desire, I have 
the Honor to transmit to You detail'd returns from the Collector 
of Customs and from His Majesty's Fiscal relative to Negroes 
who have either been landed here and condemned as Prize 
or were brought hither by other circumstances and who have 
been apprenticed according to Law. 

I regret the delay that has occurred in the forwarding of 
these Returns. When they were first made out it did not 
appear to me that they gave the full Information required by 
Your Lordship. The remaking them with additional columns 
has occupied some time and the Fiscal has pleaded an over- 

Records of the Cape Colony, 137 

whelming pressure of Business as the cause of delay in the 
preparing that from his Department. I have &c. 

(Signed) Chables Henby Somerset. 

[The lists fill a volume, and it seems unnecessary to copy 
and publish them now. — G. M. T.] 


Letter from the Collector of Customs to 
Lord Charles Somerset. 

Custom House, Cape Town, ^th March 1824. 

My Lord, — ^A Memorial having been forwarded by Mr. 
Launcelot Cooke to the Lords Commissioners of His Majesty's 
Treasury and also to your Excellency containing certain 
charges against my Public character in one part of my duty 
as Collector of His Majesty's Customs, I took the earliest and 
most proper means, as I was advised, of repelling such base 
and unfounded calumny by the Prosecution of Mr. Cooke 
before the Commissioners of the Court of Justice. The appeals 
however of the adverse Party cause such a Protraction of the 
Suit as may leave this foul stain upon me for an indefinite 

Under this impression I am induced to request the favor of 
your Excellency to be pleased to order an immediate investi- 
gation of my conduct in the Distribution of Prize Negroes, 
for the purpose of rescuing my character forthwith from 
Accusations now publicly announced through the medium of 
a Colonial Newspaper. I have &c. 

(Signed) Charles Blair, Collector of Customs. 

138 Jtecords of the Cape Colony. 


Letter from the Reverend William Geary to 
Sir Herbert Taylor. 

Graham's Town, March 9ih 1824. 

Sir, — I should feel particularly obliged by your submitting 
the Enclosed Papers to His Royal Highness the Commander 
in Chief, and have the honor &c. 

(Signed) William Geary, Chaplain of 
Graham's Town and late 
Chaplain to the Military. 

Warrant issued by Lord Charles Somerslx. 

Whereas Charles Blair, Esquire, Collector of His Majesty's 
Customs of this Place, has by letter of the 9th instant made 
complaint and given information to me of certain charges and 
accusations having been circulated against his Character by 
Mr. Launcelot Cooke, Merchant of Cape Town, in a Memorial 
forwarded to the Lords Commissioners of His Majesty's 
Treasury, a Duplicate of which was transmitted to me, as to 
the Discharge of his public duty in the distribution of Prize 
Negro Apprentices, I have decided upon causing a minute 
investigation to be made into the several circumstances set 
forth in the Memorial before alluded to of the said L. Cooke, 
and I do by these presents constitute and appoint 

His Honor Sir J. A. Truter, Kt., Chief Justice, 

His Honor George Kekewich, Esqre., Judge of the Vice 

Admiralty Court, 
and Colonel Mark Napier, Commandant of the Garrison 

of Cape Town, 

to be a Committee for the purpose of enquiring into and taking 
cognizance of the matter aforesaid and reporting thereon to 
me in a clear and distinct manner, together with their opinions 
relative to the same. 

Records of the Cape Colony, 139 

And I have also judged it expedient and I do hereby invest 
the said Committee with full powers to summon before them 
and to examine on oath (which they are hereby authorised 
to administer) all such Persons as shall appear to them to be 
able to give information on the different charges of said 
Memorial, and I do further authorise the said Committee to 
call for Copies of all such public papers and public Documents 
as may tend to elucidate the several Subjects of their Inves- 

Given under my Hand and Seal at the Cape of Good Hope 
this tenth day of March 1824. 

(Signed) Charles Henry Somerset. 


Letter from the Deputy Colonial Secretary to the 
Chief Justice. 

Colonial Office, 10th March 1824. 

Sib, — I have the honor to transmit to you a Warrant from 
His Excellency the Governor and Commander in Chief 
appointing a Committee consisting of yourself, His Honor the 
Judge in the Vice Admiralty Court (George Kekewich, Esquire), 
and the Commandant of the Garrison of Cape Town (Colonel 
Mark Napier), to enquire into and report upon certain charges 
preferred by Mr. L. Cooke against Charles Blair Esquire, 
Collector of Customs, contained in a Memorial addressed to 
the Lords Commissioners of His Majesty's Treasury, a Copy 
of which I have the honor to enclose. 

His Excellency has apprized Mr. Cooke of the appointment 
of this Committee, and has requested his attendance whenever 
you shall require it, to enable you to proceed in the duties you 
are called upon to perform. 

His Excellency has been pleased to appoint Mr. John Brink 
to act as Secretary to the Committee, and has directed the 
Committee Room of the Court of Justice to be prepared for 
your reception. ^ 

140 Records of the Cape Colony. 

I enclose a Copy of the Letter I have addressed to Mr. CJooke, 
and have the honor to be &c. 

(Signed) P. G. Brink. 


LeUer from the Deputy Colonial Secbetaby to 
Mb. Launcelot Cooke. 

Colonial Ofpiob, March lOih 1824. 

Sib, — His Excellency the Governor having been pleased to 
issue a Warrant under his hand and Seal, appointing a Com- 
mittee to enquire into, and report upon certain charges of 
misconduct alleged by you in a Memorial to the Lords Com- 
missioners of His Majesty's Treasury against Charles Blair 
Esquire, in the discharge of that part of his duty as Collector 
of Customs at this Port which relates to Prize Negro Appren- 
tices : I am directed to inform you that the* Committee so 
appointed consists of His Honor the Chief Justice, His Honor 
the Judge of the Vice Admiralty Court, and the Commandant 
of the Garrison of Cape Town, and to request that you will be 
pleased to attend the said Committee at such time as they 
shall require your presence in order to give the necessary 
information to enable them to proceed in the Duties entrusted 
to them. I remain &c. 

(Signed) P. G. Bbink. 

[Office Copy.] 
LeUer from R. W. Hobton, Esqbb., to Lobd Chablbs 


Downing Street, London, 11^ March 1824. 
My Lobd, — I have the honor to acknowledge the receipt of 
your Lordship's letter of the 10th of August last respecting 
the Reverend Mr. Sturt. 

Records of the Cape Colony. 141 

Having communicated to Messrs. Flight and Robson the 
explanation offered by Mr. Sturt in exculpation of his conduct 
from the charge which they have preferred against him, I have 
received from them the accompanying communication enclosing 
one from their Attorney who absolutely denies the truth of 
Mr. Sturt's statement. 

Under these circumstances it would have been difficult for 
Lord Bathurst to offer any suggestion for bringing to a satis- 
factory decision the question at issue between the parties, but 
his Lordship having been given to understand that Messrs. 
Flight and Robson have commenced legal proceedings against 
Mr. Sturt at the Cape, it has appeared to his Lordship, if such 
should be the case, that there will be no necessity to enter into 
any further examination of this business. I have &c. 

(Signed) R. W. Horton. 


Letter from the Landdrost of Albany to the Commisaioners 
of Enquiry, 

Gbaham's Town, Wth March 1824. 

Gentlemen, — I have the honor to acknowledge the receipt 
of your letter of the 6th Instant communicating a complaint 
made by Richard White that he had not been allowed to proceed 
to Graaff Reinet in June 1822, and requesting to be furnished 
with any information which I may possess relative to the 
necessity of British Colonists providing themselves with passes 
to enable them to move from one District to another ; and I 
have the honor to state that it having been considered expedient 
on the first arrival of the English Settlers to take measures to 
prevent the separation of Individuals from their parties, which 
it was thought would, if permitted indiscriminately, tend to 
defeat the objects of His Majesty's Government in colonizing 
South Africa, and would also be productive of much mischief 
in the Colony, a Proclamation was issued on the 14th May 
1820, directing that any English Settlers who might be found 
wandering about the Colony without the Passes with which 

142 Records of the Cape Colony, 

they are by that Proclamation required to provide themselves, 
should be arrested and put into prison. 

* This Proclamation not having been annulled, all Settlers 
wishing to move from one District to another have found it 
necessary to apply for Passes, which have been always granted, 
and latterly the condition of producing a permission from the 
Head of the Party has been waived, and no preliminary dis- 
closure to the Landdrost of the object of a removal or visit has 
been required by me. 

Colonial Passes have also been invariably granted to all 
persons applying for them during the two last years. 

With regard to the case of Richard White, I do not recollect 
anything of the circumstance, and Mr. Onkruydt informs me 
he does not remember it ; I am confident however that if it be 
as stated by Mr. White, very good and sufficient reasons existed 
at the time for not granting him a Pass, and I do not doubt 
that he is himself aware of them. I have &c. 

(Signed)" Harry Rivers. 

[Office Copy.] 
Letter from Earl Bathxjrst to Lord Charles Somerset. 

Downing Street, London, IZih March 1824. 

My Lord, — I have received and laid before the King your 
Lordship's despatches of the dates and numbers noted in the 
Margin ; and I am commanded to convey 
No. 63—16 December, to your Lordship His Majesty's approba- 
" et^^ " *^^^ ^^ ^^^ prompt and effectual measures 

'i 66—", '/, which your Lordship has carried into 

effect for repressing the daring depreda- 
tions of the Kaffers on the Frontier District of the Settlement. 
It has given me much regret to learn that a blight has once 
more disappointed the expectations and paralysed the industry 
of the Settlers. But I am not unwilling to hope that the 
security which they now enjoy from the depredations of the 
Kaffers and the facilities of communication which your Lord- 
ship has wisely established between the Settlement and Cape 

Records of the Cape Colony, 143 

Town will compensate in some measure for the temporary 
result of a diminished harvest. 

I have given the fullest consideration to the application 
which your Lordship has made in favor of Mi*s. Evans, the 
Widow of a Clergyman, and of Mr. Hardinge the Deputy 
Landdrost of GraafE Reinet ; but I am sorry to have to acquaint 
your Lordship that it will not be in my power to recommend 
to His Majesty to sanction an increase of Mrs. Evans' pension 
or to grant the allowance which you have proposed to allot to 
Mr. Hardinge on his retirement. The pension now received 
by Mrs. Evans is certainly inconsiderable in amount ; but as 
it is not less than what she is entitled to under the Church 
Regulations, I cannot authorise an exception in her favor of 
which the benefit might equally be claimed by other Widows. 
With respect to Mr. Hardinge I observe in the certificate of 
his iQ health which accompanies your Lordship's letter that 
he was labouring under constitutional disease before his 
appointment and that he has in fact been alarmingly ill from 
the period when he entered upon the duties of his Office. And 
as your Lordship has not stated the length of Mr. Hardinge's 
services in the Colony I cannot admit that he has any claim to 
a superannuation allowance upon the mere plea that his health 
is inadequate to the efficient discharge of his official duties. 

I have &c. 
(Signed) Bathurst. 

[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, \Zth March 1824. 

My Lord, — I am commanded by the King to desire that 
your Lordship will signify to Lieutenant Colonel Bird, Secretary 
to your Lordship's Government, that His Majesty is pleased 
to dispense with his services. 

Li appointing an Individual for the temporary discharge of 
the duties of that office, your Lordship will take care to select 
one who shall possess the requisite qualifications for the situa* 

144 Records of the Cape Colony. 

tion ; and I shall lose no time in submitting to His Majesty 
the name of a Gentleman who will be appointed Lieutenant 
Colonel Bird's Successor. I have &c. 

(Signed) Bathubst. 

[Office Copy.] 
Letter from Eabl Bathtjbst to Lord Charles Somerset. 

DowNiNO Street, London, IZth March 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
your Lordship's Dispatch No. 50 under date of the 2nd Sep- 
tember last in which you request my authority for including 
in the Schedule of fixed contingencies of the Civil Establishment 
of your Government, certain Items which your Lordship has 
stated to be in the nature of a fixed contingent Expenditure, 
and I beg leave to acquaint your Lordship in reply that so 
soon as I receive from your Lordship a, detailed statement of 
the expences of those contingent services together with a more 
particular explanation of their object, I shall be ready to take 
His Majesty's commands upon the subject of your Lordship's 
appUcation. I have &c. 

(Signed) Bathurst. 

[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, I3ih March 1824. 
My Lord, — I transmit to your Lordship herewith enclosed 
a copy of a communication which has been received from the 
Committee of Council for Trade requiring information as to 
the amount of Duty at present paid on French Brandy imported 
into the Settlement under your Lordship's Government and 
also whether any drawback be allowed on Brandy used in the 
manufacture of Wine. 

• Records of the Ca;pe Colony. 145 

Your Lordship will of course have the goodness to transmit 
to me without delay the information required by the Committee 
of Council, but I cannot help expressing to your Lordship my 
regret that the Schedule of Taxes and Duties payable at the 
Cape and which was transmitted to me by your Lordship some 
time since, together with other returns, does not contain any 
enumeration whatever of such duties, and I mention this to 
your Lordship in order that you may take measures for 
collecting the materials of such detailed information for the 
purpose of being embodied in the annual returns which your 
Lordship has been instructed to transmit to this Office. 

I have &c. 

(Signed) Bathurst, 

Letter from Mr. William Edwards to Earl Bathurst. 

Cape Town, \Uh March 1824. 

My Lord, — Emboldened by the knowledge that you have 
no greater wish than to learn every abuse in His Majesty's 
Officers, nor any greater pleasure than in redressing them, I 
will without proem or preface state my complaint to your 
Lordship and request that it may be laid with all humble duty 
before His Majesty. 

Being professionally employed to draw a complaint for Mr. 
Cooke a Merchant here against Mr. Blair the Collector of 
Customs, to the Lords of the Treasury, I sent it thro' His 
Excellency the Governor. 

Lord Charles Somerset placed it in the hands of the Fiscal, 
who thought fit to prosecute Mr. Cooke and myself as libellers. 

The Fiscal having grossly misrecited the Memorial in his 
ex-officio information I (in pleading against it) warmly called 
the misrecital a detestable falsehood, for which Mr. Bentinck 
(who is at the same time a Judge of the Court of Justice and 
Colonial Auditor) and Mr. Truter (another Judge who was 
educated a Surgeon) sent me for one month to prison. It is 


146 accords of the Cape Colony.- 

only justice to Mr. Bentinck to say he was very cool, ds I 
neither heard expression or sound escape from him (except the 
tinkling of a bell) altho' I pleaded three full days before him. 

The prison to which I was committed is under the superin- 
tendence of the Fiscal, who confined me in a place amongst 
Negroes and Hottentots Thieves and Convicts in Irons. 

I am sure neither His Majesty or your Lordship will approve 
of my being so confined. 

. When I first entered the Prison I was not allowed to converse 
with my Friends even in the yard, two were instantly sent away 
from me, others were refused permission to see me, amongst 
whom was Mr. Richardson many years high in His Majesty^s 
Ceylon Civil Service and a Lieutenant in the Royal Navy, at 
Sunset I was locked in a room without a light, which deprived 
me of about six hours per diem of the time necessary to 
arrange my defence, and when I was asleep I was nightly 
wakened by two persons very noisily entering my apartment 
on pretence of looking if I had escaped. I complained of 
this to the Deputy Fiscal before the Gaoler, but obtained no 

I was thrice led in custody thro' the streets like a common 
felon to the Court and back to Gaol. 

On one of these times I complained to the Judges of the 
treatment I received, and fancied from the significant looks 
and nods of Mr. Bentinck and the enquiries of the Fiscal that 
a repetition would be prevented. 

Yet on Sunday the 7 th inst. two women who came to tell 
me of something essential concerning the Collector of Customs 
were prevented seeing me in any other manner than thro' a 
barred Gate, of which I complained to the Governor thro' the 
Assistant Colonial Secretary, who has not condescended to 
answer me. 

After being so illegally and undeservedly imprisoned above 
three weeks I imagine your Lordship will think that this 
Assistant Secretary ought to have treated me with more 

One of the judges was deputed on the 11th inst. when my 
imprisonment was nearly at an end to enquire with a Secretary 
and Deputy Fiscal into the complaint I made on the 18th of 
February last in Court. 

Records of the Cape Colony. 147 

I produced Mr. Cooke, he pointed out the man that stopped 
him, the man said the second sheriff ordered him to do so. 
What the second sheriff (or Gaoler) said I have not been able 
to learn. 

By reference to the papers marked A, B, C, D, E, F, and my 
letter to the Governor of the 8th -instant marked G, your 
Lordship will find abundant proof of the necessity of advising 
His Majesty to order me proper redress. 

I must also state to your Lordship that the Fiscal by means 
of his numerous Emissaries found out the woman who was so 
long prevented seeing me on the 7th instant, and on the 12th 
he required her attendance in his Office where he endeavoured 
to extract from her what was the nature of the information 
she had to give me. 

This My Lord is not a solitary instance in which he took 
unfair advantage of me to learn what was my evidence in a 
similar way, and altho' I was only sentenced for one month's 
imprisonment he thought fit contrary to law to construe it 
and detain me a calendar month. ^ 

I will lay a copy of this letter before the Commissioners of 
Enquiry, who will no doubt enquire into its truth and report 

In candour I must admit that for the last four days of my 
imprisonment my friends were allowed uninterruptedly to visit 
me. I was also permitted to have a light and not molested in 
my sleep altho' I remained among the same class of prisoners. 

I have &c. 

(Signed) W. Edwards. 

Letter from the Fiscal to the Assistant Colonial Secretary. 

Fiscal's Office, 16^^ March 1824. 

Sir, — Having in compUance with His Excellency the 
Governor's directions, communicated to me in your letter of 
the 9th Instant, repeated my Orders, which I had before given, 

L 2 

148 Records of the Cape Colony, 

that Mr. W. Edwards's Visitors should be allowed a free access 
to him, I feel it now incumbent for the information of His 
Excellency to state, that the complaint of difficulties thrown 
in his way by the means of which he should have been allowed 
to be prevented rebutting my charge, appears to be unfounded, 
his complaints if ever he has made any having been attended 
to by the 1st Under SheriflE and no difficulties having ever 
been thrown in his way ; as will more fully appear to His 
Excellency from the enclosed judicial record containing the 
evidence of Mr. Bamberger and Mr. Dittlestone. I cannot 
pass observing that Mr. Edwards seems to have aimed at me 
when calling himself a FiscaVs Prisoner, for it cannot be 
unknown to him, that he has been a Prisoner of the Court and 
not a Fiscal's Prisoner, and that he was entitled to immediate 
redress from the Court itself should the Fiscal or rather the 
1st Under Sheriff, under whose management the Prison 
concerns are placed, have acted improperly towards him. 

I have &c. 

* (Signed) D. Denyssen. 


Letter from the Landdrost of Albany to the 
Commissioners of Inquiry. 

Graham's Town, 16^^ March 1824. 

Gentlemen, — In reply to your Letter of the 9th Instant 
relative to the restraints imposed upon John Stanley in cutting 
wood, which appear to have arisen from delay in the final 
adjustment of the Boundaries of the Land, I have the honor 
to inform you that I am in expectation of immediate Instruc- 
tions from His Excellency the Governor for adopting measures 
for settling litigated questions of Boundary, and deciding on 
Applications for Additional Grants of Land. 

With regard however to Mr. Stanley's allegation of ignorance 
of his Boundaries, I have the honor to state that in the latter 
part of the year 1822 I directed the Land Surveyor Mr. Knobel 
to point out to the Head of every Party the Boundaries of his 

JRecords of the Cape Colony, 149 

location, and to obtain a Certificate that they had been so 
sheMTi to him, which Mr. Knobel reported to me he had done 
with very few exceptions, one of whom was Mr. Stanley, who 
refused signing the Certificate, • although his Boundaries were 
pointed out to him, under the idea that by so doing he would 
deprive himself of the right of complaining against those 
Boundaries. I' have &c. 

(Signed) Harry Rivers. 

Letter from Sir Rufane Shawe Donkin to 


7 Haymarket, March 10, 1824. 

Sir, — I have had the honor of receiving your letter of 
yesterday's date covering No. 37 of a military order directing 
Kaffers found over the Boundary of the Colony of the Cape 
of Good Hope to be shot, whether arm^d or no. 

Of the MiKtary order of which No. 37 is said to form a part 
I have no copy at hand, but, assuming that it has been correctly 
transcribed by the person who has called the notice of Earl 
Bathurst to it, and that it was issued by me, it must have been 
advisedly issued after I had had an interview with the Kaffer 
Chief Gaika, relative to the occupation of a neutral district 
between the Keiskamma and the Fish Rivers. The Result of 
our Conference was, his saying that he had no objection but 
rather wished this occupation, provided I did not place Colonists 
there in detached families, like the Boors in the Zuureveld, for, 
that his Kaffers would infallibly plunder such defenceless 
people, and that He had no power to restrain them. 

On this I adopted a series of measures in concert with this 
Chief, one of them was the creation of a regulated Traffic near 
a fortified Barrack I had established on the Fish River by means 
of a Fair, another was to civilize and encourage the Kaffers 
by ensuring their personal safety as well as that of the Colonists, 
by forbidding Individuals on either side from passing the 
Boundary, and by preventing all communication except at 
such times and places under proper authority and safeguards. 

150 Records of the Cape Colony, 

Out of this part of the arrangement No. 37 in all probability 
grew, for, not only did Gaika disavow, but He declared himself 
unable to prevent Kaffers from crossing the Boundary on 
various pretexts, which they had frequently done, unarmed to 
appearance, accompanied by their Wives, who were charged 
with the duty of hiding their husbands' Arms in the Bushes 
ready to be brought forth when a blow was to be struck. 
Another, and chief part of the arrangement was the establish- 
ment of the fortified town of Fredericksburg on the Beka, in 
the centre of the Neutral Territory, to cover the Town of 
Bathurst and all Lower Albany, which it eflfectually did, and 
to check KaflFer Inroads by its command of several material 
passes and fords of Rivers. 

With all these arrangements Gaika declared himself much 
satisfied, and, in the figurative Language of those people He 
said, " Then, henceforth, the waters of the Keiskamma, the 
Beka, the Fish River (and several others He named) will roll 
into the Great Flood in peace, and unstained with Blood." 

In this temper and feeling, my Regulations were framed. 

I then asked Gaika how the Kaflfers who passed the frontier 
were to be dealt with. His answer was, " shoot them, for I 
cannot restrain them, and if you send them to me as Prisoners 
I dare not punish them." 

The above is the History of this part of my arrangements 
for preserving Peace with the Kaffers and ensuring safety to 
the Colony, and I now beg leave to state the Results of my 
general System. 

During my Two years administration of the Government 
there was no such thing as Kaffer inroad, and, in regard to 
No. 37, no Kaffers were shot under that order, but, my ad- 
ministration was no sooner at an End, than all I had done on 
the Frontier was overthrown, Fredericksburg was ordered to 
be abandoned, my whole military system was changed, my 
arrangements for a regulated intercourse with 'the Kaffers 
were done away with, and, since that time there has been a 
succession of Kaffer Inroads, Murder of the Settlers and 
plunder of their property. 

I state this, not in censure of another, but to shew that my 
System under apparently severe Regulations was humane in 
the Result, and v)a8 carried on without Bloodshed^ while a 

Records of the Cape Colony. 151 

contrary one has been marked all along by great calamities to 
the new Colonists, and lately by the slaughter of some unhappy 
Kaffers in a skirmish with the Cape Cavalry. 

I beg leave now, most respectfully to object to this No. 37 
being taken by itself, disconnected with everything before and 
after it, and, without advertence to the general Tenor of the 

No. 37 was probably the winding up of a series of conditional 
and cautionary provisions made in concurrence with the Kaflfer 
Chief, and I am sure that Earl Bathurst will, in fairness to me, 
be pleased to take into consideration the whole of the Military 
order of which No. 37 is a part, and, in adverting to what I 
did on the Frontier his Lordship will find that all my Regu- 
lations had for their objects the Security of the Persons and 
Property of His Majesty's subjects, and to prevent the effusion 
of Kaffer Blood, and, both these objects I effectually 
accomplished. I have &c. 

(Signed) R. S. Donkin. 

Letter from the Foreign Office to R. Wilmot Horton, Esqre. 

Foreign Office, March 18, 1824. 

Sir, — I am directed by Mr. Secretary Canning to transmit 
to you the copy of a Note from the Bavarian Charge d' Affaires 
at this Court, requesting information respecting two brothers 
named Exter who went to the Cape of Good Hope in 1776 
and 1783, and neither of whom has been heard of since the year 
1790, and I am to desire that you will lay the same before Earl 
Bathurst and move his Lordship to give directions that the 
necessary gteps may be taken for obtaining the information 
required by the Baron de Cetto. I am &c. 

(Signed) Howard de Waldbr. 

152 Eccords of the Cape Colony, 

Letter from Sir Rufane Shawe Donkin to Robert 


7, Haymarket, March l^th, 1824. 

Sir, — ^When I did myself the honor of addressing you on 
the 16th instant, in answer to yours of the 15th, I did not 
recollect that I had in my possession a document fully con- 
firmatory of what I have stated as to the efficacy of my 
measures for stopping Caflfre inroads, and the consequences 
of their reversal ; and although I flatter myself, that when I 
state a thing as fact such statement does not require confir- 
mation from any quarter, yet I must beg leave to transmit 
to you the enclosed " Extracts " from the memorial of the 
Settlers at the Cape of Good Hope, addressed to Earl Bathurst 
on the 10th March 1823, with my request that they may be 
appended to my answer of the 16th instant. I have &c. 

(Signed) R. S. Donkin. 


Statement of Captain Aitcheson to the Commissioners of 


\^th March 1824. 

Captain Aitcheson states : I first came to serve in the 
District in March, 1819, — on the 23rd April of that year, the 
Caflfres attacked Graham's Town. It was a complete surprise. 
There had been a patrole of a party of cavalry Two Days 

In 1819 Caffre Drift, Hermanns Kraal, Korsten's, De 
Bruyns Drift, Junction Drift, were all occupied by Infantry, 
but they did not patrole the Bush until reports were made of 
Cafifres being seen. The posts were not below 80 men each ; 
beside these larger Posts, there were smaller ones consisting 
of a Corporal and Six men to keep up communications. A 
little before this period Two Posts in the rear line, under the 

Records of the Cape Colony, 153 

command of oflficers, were attacked and compelled to retire 
and an Officer killed. 

Colonel Brereton had established this System and it was 
followed' by Colonel Willshire. On 29th July 1819 the expedi- 
tion into Caffre Land took place, and we remained three 
months, the most of the small posts were therefore withdrawn 
to furnish Troops for the Expedition. A great many Cattle 
were taken, but few CaflFres were killed. A great alteration 
of the System of Defence was made after this Peri9d, and the 
small posts were all concentrated. There remained only after 
that a strong Post at Caflfre Drift, a considerable Force (7 or 
800 men) at the place where is now Fort Willshire, and where 
they were employed in Building that work. Lord C. Somerset 
visited the Frontier about the 20th Nov. 1819 and made 
arrangements with Gaika for the cession of the Country 
between the Fish River and the Keiskamma. An indulgence 
was given to the English .Forces to cut wood at the Chumie for 
the purpose of building Fort Willshire. 

During the time the Soldiers remained at the Chumie a very 
beneficial Intercourse took place between them and the In- 
habitants. The interchange of the produce of their Land for 
Buttons and such like trifles &c., &c. The Officers aU observed 
a very great improvement in the Caffres, who conducted them- 
selves extremely well. The market was always attended by a 

Sir R. Donkin made no other distribution of the Force than 
sending a company of the 72nd Regt. to Bathurst. I don't 
think it was his Intention to make it a Military Station. 
Graham's Town has been generally considered the most 
eligible Situation for that purpose. 

Colonel WiUshire had established a very good system of 
patrolling the Bush, and kept up constant communication 
between the different parties. 

He also retaliated with promptitude upon the Caffres, 
whenever they were detected in plunder. He traced them 
when he was able to a Kraal and punished the Inhabitants 
for the misdeeds of the Individual that belonged to it. This 
System had a very beneficial effect. The Country never was 
so quiet as at that time, until Major Somerset's attack. 

In Major Jones and Col. Scott's time the System was much 

154 Records of the Ccupc Colony, 

relaxed and the CafEres were treated with great lenity. The 
Patroles were less frequent. Colonel Scott's System wa43 one 
of Negociation and Conciliation, and by degrees the CafiPres 
lost all apprehension of the English Force. 

The European Infantry were not found to support the 
fatigues of patrolling in the Bush as weU as the Cape Corps, a 
portion of these always accompanied them to assist as Guides 
and in tracing the spoors of Cattle and CaSres. 

It would tend much to give efficiency to the Force on the 
Frontier, if a certain number of eflfective Horse were allowed 
to each Company of Infantry, to enable them on occasions to 
convey Intelligence and make pursuit, and then when required 
to leave their Horses and penetrate into the Bush, which is 
inaccessible to Horses. 

I am not aware that Lord Charles Somerset made any other 
changes in the Military Defence than authorizing the con- 
struction of Fort Beaufort and the Barracks in Graham's Town 
and the establishment of a small Post called the Clay Pits Post 
which has since been withdrawn. 

(Signed) R. S. Aitcheson, 

Commanding Cape Corps Infantry. 


Statement of Lieutenant Rogers, Cape Cavalry, to the 
Commissioners of Enquiry. 

19^^ March 1824. 

Lieutenant Rogers states : I accompanied a party of Troops 
partly composed of Cavalry and mounted Infantry in the 
Month of May 1822, under the Orders of Capt. Stuart to 
surprize and seize upon the person of Gaika in the night, and 
bring him back with us to Fort Willshire. 

We had about 100 mounted men, and from Fort Willshire 
some Infantry were sent with a view to support us if we should 

Some depredations that had been committed upon the Cattle 
of the people composing the Institution at the Chumie were 

Records of the Cape Colony. 155 

the cause of this Expedition, and as far as I could understand, 
we were to seize the person of Gaika, until full and ample 
restitution had been made of the whole number of cattle that 
had been lost. We proceeded from Fort Willshire in the night 
time and arrived at Gaika's Kraal about an Hour before 

The ford of the River that led to the Kraal was narrow, 
and only practicable in one straight line, therefore with a view 
to avoid Detention and noise in collecting all together on the 
opposite Bank the few Troops that first arrived dashed forwards 
towards the Huts. The moment we began to gallop, the road 
being very stony, the noise alarmed the Dogs, and our progress 
was further impeded by the low Branches of the Trees, which 
it was found difficult to penetrate. Notwithstanding this, we 
got to the first Hut when the Caffres were opening their Doors, 
one of which I stopped with my knee. This I had understood 
was Gaika's Hut, but I found very soon afterwards from the 
Two Guides that we had got to the wrong one, and that Gaika 
was more in advance ; we immediately moved forwards, but 
when we came up to the Hut, we found that the Door was 
open, and that Gaika was gone. This was very unfortunate, as 
we had succeeded remarkably well till then, in approaching the 
Kraal without being discovered. At that time the Moon that 
had befriended us began to be cloudy, and we were unable to 
pursue Gaika. 

The Caflfres who were in the Kraal did not attack us, and 
were much alarmed. One at last was prevailed upon to speak 
to the Interpreter. WTe asked him for Gaika, and wished him 
to try and persuade him to* come to a conference, as Captain 
Stuart thought that as his attempt had failed, it would be 
better to explain to him the reasons that had led to it. We 
did not see Gaika, the Person who talked to us saying that he 
was absent. 

In the Hut in which we expected to find him, we found his 
children and Two Women. We remained at the Kjaal for 
about an Hour and then retired upon the Chumie Institution, 
numbers of the Caffres following us but not attacking us. 

Two of them came up and asked to be allowed to speak to 
the Commanding Officer, but apparently for the purpose of 
ascertaining our force. 

15G Records of tJie Cape Colmii/. 

We waited part of the Day at the Chumie, and in that time 
a part of the Cattle were sent in and shortly after InteUigence 
was received of the restitution of nearly all the Cattle. 

We then returned to Fort Willshire, and Gaika fled to a very 
inaccessible Country in the rear, where he has remained ever 

(Signed) W. H. Rogers, Lt. Cape Cavalry. 


Memorial of Mb. Charles Breeze. 
To Robert Wilmot, Esquire, &c., &c., &c. 

The Memorial of Charles Breeze most humbly Sheweth 

That your Memorialist impressed with gratitude for your 
former kindness and for which he cannot sufficiently express 
his obligations, begs leave to lay before you a brief statement 
of his situation, under a deep impression that your goodness, of 
which he has so repeatedly experienced will incline you on the 
present occasion to relieve him from some of those difficulties 
under which he is at present labouring. 

That your Memorialist was located at the distance of Eleven 
Miles from Graham's Town and about Two from the Estate 
of Major Pigot, and in addition to the inconveniences arising 
from the disposition of the party to which he belongs he 
(Memorialist) has suffered very seriously in the loss of his Cattle 
by the depredations of those sable enemies, the Caffres, and 
although you may have probably heard (for we ourselves are 
astonished at the excessive licentiousness of the Press) that 
" the settlers are fully remunerated for the losses they have 
sustained," he assures you in the most solemn and deliberate 
manner that such is unfortunately not the case, and himself 
and a multitude of British settlers are still suffering under the 
sad and lamentable effects thereof, in the non-increase of their 
cattle stock which is a great loss and the want of Milk which 
in consequence has abounded among them, and Memorialist 
felt it most severely, when in addition to this unredressed 
affliction, the frowns of divine providence swept away the 

Records of the Cape Colony, 157 

prospects of successive Harvests and himself and his wife were 
left in their solitary habitation during the .whole of Three 
Months with nothing save a small portion of Rice. 

That your Memorialist is perfectly satisfied with the climate 
of this Colony, together with its general appearance and 
is ready to pronounce the highest eulogium on the salutary 
effects of its atmosphere to European constitutions, but One 
Hundred Acres of Land here is not sufficient for a grazing 
Farm, if a Family is to be supported thereby, and therefore 
he humbly prays that you will be pleased in your accustomed 
goodness and clemency to interpose in his behalf for an addi- 
tional Grant and place him in a Farm equal in extent to his 
Dutch Neighbour's, as near to Graham's Town or the Mouth 
of the Kowie as possible, or an erf in Graham's Town, and your 
memorialist as in duty bound will ever pray. 

(Signed) Chas. Breeze. 

Graham's Town, District of Albany, 
South Africa, March 19th, 1824. 

P.S. If time and a multiplicity of engagements should have 
erased the humble name of Memorialist from your memory 
he begs leave to state that he has voted for you twice, but 
that if you will please to enquire of William Kimmersley 
Esquire, he flatters himself to be soon restored to your 

Letter from the Fiscal Denyssen to Lord Charles Somerset. 

Fiscal's Office, 23rd March 1824. 

My Lord, — In dutiful compliance with your Excellency's 
directions I have the honor herewith to transmit to your 
Excellency a return of Negroes assigned to individuals under 
Indenture by the Fiscal, together with another return specifying 
the mode of disposal of the Negroes who served out their time 
at the expiration of their term as far as they belonged to 

158 Records of the Cape Colony, 

Cape Town, those in the Country Districts having been placed 
under the immediate protection of the Landdrosts. I have 
thought it requisite to classify the Negroes thus indentured 
as follows : 

1st Class. The Negroes indentured to the late Mr. Alexander 
Tennant by an Act dated the 20th April 1808. 

2nd Class. The Negroes smuggled in this Colony as slaves, 
in or about the beginning of the year 1808, and declared 
forfeited on behalf of Government by Sentence of Com- 
missioners from the Worshipful Court of Justice. 

3rd Class. The Negroes saved from the wreck of the 
Portuguese Brig Packet BeaL 

With regard to the first class, I beg leave to observe, that 
they have been imported on the 18th December 1807 in the 
Portuguese Ship Conatantia, of which Vincente Guedes de Souza 
was Master, and that the late Mr. Alexander Tennant was on 
the 8th March permitted by the Earl Caledon, then Goyeruor, 
to land these Negroes from the Robben Island (where at that 
time they were detained in the state of Slavery) with the 
following restrictions however, that they were to be manu- 
mitted by Mr. Alexander Tennant, and afterwards to be 
indentured to him as apprentices for Seven years by His 
Majesty's Fiscal. 

In consequence whereof they have been on the 16th April 
1808 manumitted, and subsequently on the 20th April 1808 
indentured by the late W. S. van Ryneveld Esqre., then 
Fiscal, to the late Mr. Alexander Tennant as will appear to 
your Excellency from the annexed Copy. At the time of 
importation of these Negroes the cargo of the Ship Constantia 
was reported to consist of 260 Slaves, whereof 117 have been 
allowed to be landed as slaves, there remained a number of 
143 afterwards to be accounted for. 

Not less than 44 out of this number were said to have died 
previous to the manumission, which took place on the 16th 
April 1808, so that only 99 could be manumitted by the late 
Mr. Alexander Tennant, and this number also was on the 20th 
April 1808 indentured to him for Seven years, but as the late 
W. S. van Ryneveld Esqre. had thought it adviseable to take 
anaccurkte description of these Negroes, and to cause them to 
be marked, they were mustered and on his mustering them 14 

Bccords of the Cape Colony, 159 \ 

of their number had again disappeared, who were accounted 
for in the same manner as the 44 others. 

Those mustered by the late W. S. van Ryneveld Esqre. were 
marked on the right arm near the shoulder with two crosses 
and moreover their descriptions were taken and a Schedule 
thereof was formed, which was annexed to their indenture. 

The late Mr. Alexander Tennant also caused their names and 
descriptions together with the number of the Fiscal's Schedule 
to be inserted in a book, in which he was afterwards to. make 
memorandums respecting the mode he had disposed of each 
of them. This description book has been annexed by me to 
the proceedings in a certain case hereafter to be mentioned, 
and is supposed to be at present in the Secretary's Office of 
the Worshipful Court of Justice. 

Notwithstanding this precaution little care was taken by the 
late Mr. Alexander Tennant to prevent unlawful dealings with 
his said Apprentices ; which I discovered after his decease, 
when on the 9th June 1814 a letter was addressed to me by 
the Deputy Colonial Secretary, whereby I was informed, that 
Mr. Tennant having died, a short time afterwards application 
had been made by his widow to have these Apprentices bound 
to her for a further term of Seven years, and wherein I was 
further directed to summon all these apprentices before me, 
and to enquire into the state and condition of each of them, 
the progress each had made in the employment by which he 
or she were to earn a livelihood and whether any steps had been 
taken towards instructing them in the first principles of the 
Christian religion, and after having so done to report thereon 
for the information of your Excellency. 

To comply with the directions given me in this letter I called 
on the Executors of the will of the late Mr. Alexander Tennant, 
who at first were not able to account for more than 28 out of 
the 86 mustered by the late W. S. van Ryneveld Esquire, and 
at the same time produced to me Six and afterwards one 
more Negro Apprentices not belonging to their number, and 
whom I therefore at first supposed to have been assigned to 
the service of the late Mr. Tennant by the Collector of His 
Majesty's Customs. 

As however on enquiry made by me in the Collector's Office J 

I was informed, that the Apprentices indentured by the Collector - 


IGO liccords of the Cape Colony. 

had been all accounted for, I was induced to think that they 
belonged to the 14 missing out of the 99 Apprentices indentured 
by the Fiscal at the time when they were mustered, and under 
this impression I have considered them in all respects to stand 
on an equal footing with the 85 mustered. After long and 
tedious inquiries twenty-four more belonging to the 85 mustered 
were partly produced to me by the Executors of the will of the 
late Mr. Alexander Tennant, partly discovered by myself. 
Eleven others were reported to have died during their Appren- 
ticeship, although the time of the decease of two of them could 
not be ascertained, and thus the whole number of Apprentices 
belonging to the 85 mustered who were accounted for or 
discovered by myself, consisted of not more than 63, leaving 
a deficiency of 22 Apprentices not at all accounted for. 

These 52 Apprentices produced in my Office were the numbers 
2, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 22, 23, 24, 26, 30, 31, 32, 
34, 35, 38, 40, 41, 42, 43, 45, 46, 47, 48, 49, 51, 52, 54, 55, 5Q, 
59, 60, 62, 63, 64, 65, 66, 69, 70, 72, 73, 76, 80, 81, 82, and 83, 
and those reported to have died the numbers 1, 5, 17, 19, 21, 
25, 27, 33, 50, 79, and 84, so that the numbers which remained 
unaccounted for were 3, 10, 18, 20, 28, 29, 36, 37, 39, 44, 53, 
57, 58, 61, 67, 68, 71, 74, 75, 77, 78, and 85. 

As in the course of my enquiries it was found that the late 
Mr. Tennant had been accustomed to hire his said Apiprentices 
out to several inhabitants, I was much indebted to the infor- 
mations of the individuals to whom the same had been hired 
out for the discoveries I made. Among other circumstances 
it was found that Mr. Tennant had thought proper to dispose 
of 18 out of the 85 Apprentices mustered by the Fiscal by 
assigning them over on the same terms, on which he held them, 
to the service of the late Master of the Ship Constantia, Vincente 
Guedes de Souza, who at that time happened to reside in this 
Colony, but afterwards departed for Mozambique leaving his 
affairs under the administration of Mr. Reinier Beck. According 
to his memorandum book their numbers were as follows, 3, 10, 
18, 20, 28, 29, 36, 37, 39, 44, 58, 61, 67, 68, 71, 75, 77, and 85. 

None of these Negroes the Executors of his will were able to 
^count for ; and to my very great surprize, I soon discovered 
thftt some of them had been disposed of and sold as slaves 
partjly by Vincente Guedes de Souza at the time of his tem- 

Eecords of the Cctpe Colony^ 101 

porary residence in this Colony, and partly by Mr. R. Beck his 
agent, under whose care he left the remainder of these Negroes 
at his departure from the Colony, with special instructiona to 
dispose of them as slaves, and who in consequence acted on 
his said instructions, not having been aware of the circumstance 
of Mr. Guedes having got possession of these Negroes as free 

My inquiries on the state of these Apprentices thus wantonly 
reduced to slavery in defiance of the precautions taken by the 
late Fiscal W. S. van Ryneveld Esquire to prevent such crimes, 
were continuing till in June 1816 when I was enabled to com- 
mence a lawsuit against the Master of Nine of those already 
mentioned viz. of the numbers 3, 10, 18, 20, 29, 39, 44, 71, 
and 77, as also of the number 57 who although he was not 
mentioned by the late Mr. Tennant in his memorandum book 
to have been assigned over to Mr. Guedes, still by the most 
indubitable marks was proved to belong to their number. To 
these 10 I added four others, whose cases however were much 
more doubtful, because their descriptions did not answer any 
of the descriptions of those missing out of the 85 mustered by 
the Fiscal. 

The result of my proceedings in their cases was, that Seven 
out of the 10 first mentioned Negroes viz. the numbers 3, 18, 
20, 39, 44, 71 and 77 were by Sentence of the Worshipful Court 
of Justice passed the 20 September 1816 declared to belong to 
the Apprentices indentured to the late Mr. Alexander Tennant, 
whilst 3 of them viz. the numbers 10, 29, and 57 together with 
the other four were not declared to belong to their number 
and thus remained in the state of Slavery. 

As however I did not feel justified to acquiesce in the Court's 
decision respecting those three identified by their descriptions 
in the schedule and memorandum book of Mr. Tennant, I on 
their behalf appealed from the same to the Right Honourable 
Court of Appeal in Civil cases, where on the 18th November 
1817 I obtained a decree reversing the Worshipful Court of 
Justice's Sentence of the 20 September 1816 passed in their 
case, and pronouncing that the three above named Negroes 
are free persons. 

Since that time no further discoveries were made, so that 
the Negroes still missing out of the 85 mustered by the late 


162 Records of the Cape Colony. 

W. S. van Ryneveld Esquire are 12, viz. the numbers 28, 36, 
37, 63, 68, 61, 67, 68, 74, 76, 78 and 86, aU of them with 
exception of the numbers 63, 74 and 78, belonging to the 
Apprentices assigned to the Service of Mr. Guedes. 

The Apprentices who antecedent to the expiration of the 
term of their apprenticeship were discovered or accounted for 
partly were left under the care of the Masters, to whom they 
were let by the late Mr. Tennant, but as some of them had 
been allowed to remain in the Service of Mahomedan Freeblacks, 
these were taken by me into my charge, and remained in the 
service of Christian inhabitants, until the expiration of the 
term of their indenture, when I thought it requisite by a letter 
on the 28 April 1816 addressed by me to the Colonial Secretary 
to suggest, that they might be reapprenticed for 7 years more 
under such conditions as in a subsequent letter of the 28 April 
1816 I took the liberty to propose. Your Excellency was 
])leased to accede to my proposals under certain modifications, 
which I was made acquainted with by a letter from the Deputy 
Colonial Secretary of the 10 May 1816, in consequence whereof 
they have been reapprenticed by me for a further term of Seven 
years from the date of the expiration of their first indenture, 
under the conditions contained in the indentures and the regu- 
lations prescribed, to their Masters, Copies of which I have the 
honor to annex. 

Out of the ten apprentices whom afterwards I rescued from 
the state of Slavery Six apprentices were left by me at their 
own request under the care of the Masters in whose Service 
they had remained on the same conditions as those reappren- 
ticed, two others who declined to remain in the Service of their 
former Masters were assigned to the Service of the Orphan 
house and two others who equally declined to remain in the 
Service of their former Masters were assigned to the Service 
of individuals. 

During the last 7 years of their apprenticeship eight of 
the Apprentices belonging to the 85 mustered have died viz. | 
the numbers 3, 13, 22, 24, 36, 38, 47, 48, as also the numbers 
89 and 90 reported on my list. 

The monies which agreeably to the 12 clause of the regula- 
tions prescribed to the Masters of the said Apprentices were 
paid to Mr. F. W. de Wet one of the Clerks in my department, 

Records of the Cape Colony. 163 

and were by him deposited in the Lombard bank have at the 
expiration of the time of their last indentures been paid to 
the Directors of the Orphan Chamber, to whom it now 
belongs to cause the arrears to be collected and to place the 
monies thus collected and still to be collected to the best 

This fund I am confident will be found sufficiently ample to 
supply the wants of those among the late Mr. Alexander 
Tennant's apprentices who through old age or sickness may 
become unable to maintain themselves, for none but the 
Apprentices by whose Services the monies have been earned 
can have any claim thereto. 

Thus far I have stated the principal details relating to these 
Apprentices, who as the time of their Apprenticeship expired 
on the 20 April 1822, since that time have been allowed to 
engage themselves upon the most advantageous terms they can 
with their former or with any other Masters, as will appear to 
your Excellency from my additional return. 

The second class of Apprentices indentured by the late 
Fiscal W. S. van Ryneveld Esqre. to Inhabitants comprizes 
all those who through the investigations of the late Fiscal van 
Ryneveld aided by the subsequent proceedings of a Committee 
appointed by a Proclamation, which on the 29th April 1808 
was issued by the Earl of Caledon, then Governor of the Colony, 
were found to have been smuggled in this Colony as slaves in 
or about the beginning of the year 1808. It is not possible 
for me to state all the particulars relating to this class of 
Apprentices, for on my entering into my public Situation I 
had no information whatever respecting their existence. 

Some time afterwards however I was made acquainted 
therewith by the Executors of the will of the late W. S. van 
Ryneveld Esquire, who caused the indentures of these Appren- 
tices to be deUvered into my Office and thereby aflForded me 
an opportunity to enquire into their state, and the origin of 
their Apprenticeship; I * will therefore take the liberty to 
communicate to your Excellency the result of my inquiries, 
and I venture to hope, that whatever inaccuracy may be found 
to have crept therein will be attributed to the difficulties under 
which I was labouring. 

After the arrival of the Portuguese Brig Rosalia, which op 

M 2 

164 Records of the Cape Colony, 

the Ist of March 1808 was sent in by His Majesty's Ship Oiler 
with a cargo of 400 Mosambicq Slaves information was received 
by the Fiscal, that some slaves had been clandestinely landed 
from the same, and that the Master of the ship was attempting 
contrary to the then existing laws, to export Spanish dollars 
the profits of his unlawful dealings in this Colony, which 
occasioned the Fiscal to institute an action against the Master 
of the ship for the confiscation of the ship and also of the 
slaves illegally imported and landed in this Colony. 

The two Commissioners of the Court, before whom this 
action was carried, declared by their Sentence passed on the 
9th May 1808 that the ship as well as the illegally imported 
slaves were forfeited to Government. 

Although the number of slaves thus illegally imported and 
landed from the Ship Rosalia seems at the time of the said 
sentence not to have been justly ascertained, they afterwards 
in consequence of the proceedings of the Committee already 
mentioned were found to be 46 in number. 

On the 9th August 1808 the report of the said Committee, 
wherein Government was made acquainted with all its pro- 
ceedings was sent to the Colonial Secretary, subsequent to 
which by letter of the 18th August 1808 the Fiscal was directed 
through the medium of the deputy Colonial Secretary to take 
the necessary measures for bringing into Custody the whole 
number of slaves which were reported to have been smuggled, 
and to proceed against the holders thereof, so that the slaves 
in question might be declared forfeited to the disposal of 

In consequence of this injunction the slaves smuggled were 
placed in the Government slave lodge, and an action was 
instituted before two Commissioners from the Worshipful 
Court of Justice by the Fiscal against the masters holding in 
their unlawful possession those not comprized in the condem- 
nation of the 9th May 1808, who then were 64 in number, in 
which action like in the action instituted on the 9th May 1808 
against the Master of the Brig Rosalia the right of Government 
to the forfeiture of these slaves was founded, not on any of 
the then existing Acts of parliament for the abolition of the 
slave trade, but on the Laws of this Colony prohibiting 
the importation of slaves, without the special permission of 

Eecords of the Cape Colony. 165 

the Governor for the time being, on pain of forfeiture of the 
slave illegally imported and landed in this Colony. 

A similar action was instituted on the 27 of September 1808 
for the forfeiture of 2 Negroes who afterwards had been dis- 
covered to belong to those smuggled in this Colony, and they 
were in consequence also declared forfeited to Government. 
Although the whole number of the Negroes thus declared 
forfeited to Government amounted to 112, I have received 
from the Executors of the will of the late W. S. van Ryneveld 
Esqre. the indentures of 104 Negroes only, who it appeared to 
me from the indentures were apprenticed to several Inhabitants 
for the term of 14 years, by virtue of an order from Govern- 
ment, the date of which however has been left out in all the 

I take the liberty herewith to annex the Copy of one of 
these indentures as also a letter from the Deputy Colonial 
Secretary to the Fiscal bearing date the 5th September 1808 
which I conjecture must be the paper alluded to in the 

The eight forfeited Negroes who do not appear to have been 
indentured to individuals, I suppose to have died or otherwise 
been disposed of under the Sanction of Government, which 
however I was not able to gain any information of. 

As in the indentures mention has been made of an act of 
Parliament without date, I am induced to suppose that the 
Act of the 26 March 1807 for the abolition of the slave trade 
must have therein been aUuded to, notwithstanding which I 
am inclined to think (be this observed without the least 
intention to derogate to the high esteem I owe to the memory 
of my late predecessor) that as the forfeiture of the Negroes 
was founded on the Colonial Laws, not on the act of Parlia- 
ment, and as the Order of His Majesty in Council whereby the 
respective Collectors of His Majesty's Customs have been 
appointed to apprentice the Negroes forfeited by virtue of said 
Act of ParUament did not communicate the same right to the 
Fiscal, this allegation of the Act of Parliament has been 
inaccurate, and leading to confusion ; and that the Fiscal has 
been justly and lawfully appointed by the Governor of the 
Colony to apprentice the Negroes thus forfeited to Government, 
because they were not condemned by virtue of the Act ];)ut by 

166 Records of the Cape Colony. 

virtue of the Colonial Laws, which at that time were considered 
not to have been superseded by the Act of Parliament, and 
thus their cases were not provided for by either the Act of 
Parliament or the thereon founded order of His Majesty in 

From the month September 1822 until the end of that year 
the terms of Apprenticeship of these Negroes, who were all 
indentured for 14 years, commencing with the respective dates 
of the indentures, have expired. I therefore on the 22nd 
October 1822 obtained your Excellency's directions to dispose 
of them according to the tenor of a letter addressed to me by 
the Colonial Secretary on the 17th April 1822 relative to the 
late Mr. Tennant's Negroes, which has been done accordingly. 

My third class of Negro apprentices are those flaved from 
the wreck of the Portuguese Brig Packet Real, who in com- 
pliance with your Excellency's directions communicated to me 
by the Colonial Secretary by letter of the 16th June 1819 were 
apprenticed by me to the masters designated in a schedule 
annexed to the said letter. 

Having touched upon various of the most material points 
relating to the history of those among the Negro apprentices, 
who have been indentured by His Majesty's Fiscal from the 
16 April 1808 (antecedent to which period never any Negro 
Apprentices have to my knowledge been indentured neither 
by the Fiscal nor by the Collector of His Majesty's Customs 
to individuals in this Colony) it only would remain for me to 
reply to the important question whether they have made any 
progress in the knowledge, of the principal points of Christian 

My answer to this question cannot be such as I wished to be 
enabled to give for from the examinations which from time to 
time I have taken, aided by my own experience, it has appeared 
to me, that those among the Negro apprentices, who have 
imbibed the religious tenets of the Nations to which they 
formerly belonged, are not easily prevailed upon to change 
their religion, and that many of them, advanced to a certain 
age, wherein the human mind is hardly capable to be impressed 
with the ideas of a religion altogether strange to their under- 
standing, are deaf for all instructions, whilst the young persons 
and Children, who cannot but have a frequent intercourse with 

Records of the Cape Colony. 167 

Mahomedan slaves are soon reduced by the example of their 
friends and Comrades, by the allurements of the external rites 
attending the Mahomedan rehgion, and by the artifices of the 
so called Mahomedan Priest, to give a marked preference to 
that rehgion. 

I herewith conclude my report in the humble expectation 
that thereby some light will be thrown on the state and con- 
dition of the Negro apprentices, especially those indentured 
by the Fiscal in this Colony, and I will be very happy to add 
thereto any further elucidation which when the same are 
wanted it may be in my power to give. I have &c. 

(Signed) D. Dbnyssbn, Fiscal. 

[Enclosure in the above.] 

Regulations to which the Masters of Apprentices under the disposal 
of His Majesty* s Fiscal shall in future he hound. 

!• Every Apprentice shall have a number assigned to him 
by His Majesty's Fiscal, which number, together with the 
name of the Apprentice shall be inserted in the Indenture, 
and registered in the Fiscal's Office. 

2. In order to prevent the uncertainty to which the state 
of the Apprentices may otherwise be subject, it shall be pro- 
hibited to the Masters to alter the names of the Apprentices 
inserted in the Indenture. 

3. The Masters shall provide their Apprentices, during the 
time of their Apprenticeship, and the Children of their female 
Apprentices, during the time of the Apprenticeship of the 
Mother, with the necessaries of life, viz. lodging, clothing, 
victualling, and every other necessary ; and in addition to this, 
every Apprentice, either male or female, shall be entitled to 
receive weekly, from his or her master, the sum of two Skillings 
Colonial currency, for their own use and benefit. 

4. The clothing of the said Apprentices shall be given twice 
a year, at the beginning of the months of May and November, 
according to a muster to be exhibited in the Fiscal's Office ; 
winter clothing to be of kersey or second cloth, summer clothing 
of duck, or some such article. 

168 Itecords of the Cape Colony. 

5. The Masters shall instruct, or cause to be instructed, 
their said Apprentices, during the time of their Apprenticeship, 
in the occupations of Husbandry or as House Servants, or 
other useful employments, to be specified in the Indenture, 
according to the usage of this Colony ; and they shall their 
said Apprentices carefully instruct, or cause to be instructed, 
in the principles of the Christian Rehgion, and shall have them 
baptized when sufficiently instructed, and shall permit and 
encourage them to attend Pubhc Worship. 

6. The Masters shall not let or cede their Apprentices to 
any other Person whatsoever, provided upon special permission 
from His Majesty's Fiscal, and under such restrictions as His 
Majesty's Fiscal shall feel incumbent to prescribe. 

7. The Masters shall not take their Apprentices, or cause 
them to be taken, out of this Colony, provided upon special 
permission from His Excellency the Governor ; and in order 
the better to ensure their compliance with this Regulation, the 
Masters shall be bound to give sufficient and approved security 
for the sum of Three Thousand Rixdollars, to be forfeited by 
them, in case they may appear to have acted contrary to this 
Regulation, over and above such other penalties and forfeitures 
as they may incur, in case they appear to have transgressed 
the existing Laws respecting the aboKtion of the Slave Trade. 

8. In case of the birth of Children, the Masters of the female 
Apprentices to whom such Children belong, shall take certi- 
ficates from the Midwives and other Persons who have assisted 
their female Apprentices at the birth of the said Children, 
proving that the said Children have been born of their said 
female Apprentices, which certificates shall be lodged and 
registered in the Fiscal's Office, within 48 hours after the birth 
of the said Children. 

9. The Apprentices shall be produced in the Fiscal's Office 
annually, on such days, as will be advertized by His Majesty's 
Fiscal in the PubUc Gazette for the information of their respec- 
tive Masters, in order to be examined respecting the progress 
they have made in the principles of the Christian Religion, 
and the occupations they have been instructed in, as well as 
respecting the treatment they receive from their Masters. 

10. In case it may appear to His Majesty's Fiscal, at the 
examination of the Apprentices and the Children of the female 

Records of the Cape Colony. 169 

Apprentices, that their Masters have neglected to perform 
the covenants contained in their Indentures, or any of the said 
covenauts, the Masters shall forfeit all their right to the services 
of the said Apprentices, besides such other penalties as the 
Masters shall incur according to the existing Laws of this 
Colony ; and His Majesty's Fiscal shall take such Apprentices 
immediately out of the service of their Masters, and re- 
apprentice them to other Masters, for the remainder of the 
time for which they have been apprenticed. 

11. The same forfeiture of the right of the Masters to the 
services of their Apprentices and immediate re-apprenticing of 
the Apprentices to other Masters, shall take place, in case the 
Masters do neglect to produce their Apprentices, and the 
Children of their female Apprentices, in the Fiscal's Office, 
for examination, at the time prescribed in the Advertisement. 

12. The Masters of Apprentices, whose services do admit of 
any other compensation than has been described in the fore- 
going Articles, shall pay at the Fiscal's Office, in the hands of 
such Person as shall be appointed thereto. Six Rixdollars for 
a male Apprentice, and Two Rixdollars for a female Apprentice, 
monthly, as a compensation for the services of the said 
Apprentices ; which sums will be collected into a fimd, to 
serve for the maintenance and relief of new-bom Children of 
the female Apprentices, and also of those among the Appren- 
tices, as during the time of their Apprenticeship, or after the 
expiration of the same, may become unable to perform any 
services, or to provide for their own subsistence. 

1 3. The above pecimiary compensations shall be paid every 
three months, at the expiration of the months March, June, 
September, and December ; and in case of any default in the 
payment of the same, within one month after the expiration 
of said terms, the Master who shall have failed to pay his due, 
shall be subject to the forfeiture of his right to the services of 
his Apprentice or Apprentices, and to the re-apprenticing 
them to other Masters for the remainder of the time for which 
they have been apprenticed, as mentioned in Art. 9 and 10. 

(Signed) D. Denyssbn, Fiscal. 

Fiscal's Office, 11th May, 1816. 

170 Records of the Cape Colo^iy, 

Other Enclosures are lists of names, marks, &c. of Appren- 
tices, with particulars as to the indenturing of each one, which 
it can serve no useful purpose to print here. — G. M. T. 


LeUer from the Landdrost of Albany to the Commissioners 
of Enquiry. 

Graham's Town, 23rc2 March 1824. 

Gentlemen, — In reply to your Letter of the 20th Inst, 
enclosing an Extract from a statement made to you by Mr. 
D. P. Francis, I have the Honor, agreeably to your request, 
to transmit a copy of the Report made by me in December 
1822 on Mr. Francis's Memorial, and to state that I am not in 
possession of any further information relative to the nature 
of the business which had called him to Cape Town, than that 
having called upon Mr. Francis in April 1822 to settle a Sentence 
which had been transmitted to me as Agent to the Sequestrator, 
he refused to comply with that requisition on the plea of not 
having been furnished with a Translation of the Sentence, and 
stated he was about to proceed to Cape Town, where he would 
arrange the business with the Sequestrator. I had occasion 
in September following, in consequence of a further Communi- 
cation from the Sequestrator, to ascertain the fact of Mr. 
Francis having quitted and removed all his property from 
his Location, which the enclosed Copy of my Letter to the 
Sequestrator dated 1st October 1822 will shew. I have &c. 

(Signed) Harry RrvBRS, 

Records of the Cape Colony. 171 

Letter from Mr. William Edwaeds to 


Cape Town, 23ni March 1824. 
SiB, — ^Having occasion to send some papers on Parliamentary 
business to England I addressed it by the Post, but the post- 
master has returned me the letters refusing to forward them 
unless I pay 5 R. Dollars on each. 

He says Lord Charles Somerset ordered him to do so. I 
therefore trust you will have the kindness to let them be 
deUvered. I have &c. 

(Signed) William Edwabds. 


Memorial of Mb. James Thomas Ebith. 

To the Right Worshipful Sir John Truter, LL.D., Chief Justice 
of His Majesty's Colony of the Cape of Good Hope, &c., 
&c., &c« 

May it please Your Worship. 

The Memorial of James Thomas Erith humbly sheweth 

That Your Worship's MemoriaUst has waited with a con- 
siderable degree of patience, and at great expense, for the 
arrival of His Majesty's Commissioners of Enquiry at the 
Frontier, from a hope that his long pending and unfortunate 
case would have been finally decided by them, but finding 
from undoubted authority that the powers with which they 
are invested do not extend to the immediate reparation of 
injuries received from the local Magistrate, Memorialist is 
compelled to pray as his last effort to obtain justice in the 
Colony, previous to his embarkation for England, that you 
will be pleased to permit him to prosecute Captain Trappes 
and Harry Rivers, Esq., in forma Pauperis, in His Majesty's 

172 Records of ilce Cape Colony, 

Court of Justice in Cape Town, on the serious Charges of 
Injustice and oppression in the discharge of the duties of their 
high and dignified office, and your Memorialist is in duty 
bound to pray. 

The AjfldavU. 

James Thomas Erith Maketh Oath and saith that he (this 
Deponent) from a succession of very serious misfortunes and 
losses, sustained in this Country from time to time during the 
period of four years, is become unable in consequence thereof 
to prosecute certain individuals mentioned in the annexed 
Memorial addressed to the Right Worshipful Sir John Truter, 
LL.D., His Majesty's Chief Justice of this Colony, at his own 

Sworn before me at Graham's Town this 23rd day of March 

(Signed) A. B. Diets, Heemraad. 


Letter from the Commissioners of Inquiry to the 
Landdrost of Albany. 

bnAHAM's Town, 2bth March 1824. . 

Sir, — Mr. WiUiam Wait having represented to us the serious 
inconvenience and losses he has sustained in consequence of 
the delays and uncertainty in which he has been involved re- 
garding the title of his location and to a certain tract of land 
for which he memorialed the Governor two years ago, we 
have the honor to submit to you the following particulars 
for your consideration and reply. 

Mr. Wait has stated to us that when you visited his location 
in 1822 he pointed out to you the land for which he had 
memorialed, but that you did not then proceed to inspect it. 
A few months afterwards you informed him that you had 
received a notification from the Governor that the grant would 
be made, provided you saw no objection, that you saw none, 

Records of the Cape Colony. 173 

and that he might begin to plough, sow, and to use the land 
as his own. He in consequence proceeded to make a road to 
the land from his location and entered into engagements under 
penalties with three men to reside on, and to cultivate it. 
Feeling still uncertain with regard to the possession, he made 
repeated applications to you for the land to be measured, but 
you always put him off, and about two months ago when he 
intimated to you his wish to build on the land you informed 
him that he had better suspend his further operations and 
not begin building. 

Mr. Wait has further stated to us that you came to his 
location last year, about the month of April, and having 
remained about a quarter of an hour, had no opportunity of 
observing the extent of his improvements, or of ascertaining 
that he had broken up all the land capable of being ploughed 
and had made and trenched a vineyard and a garden that 
were not in sight from the house. 

Mr. Wait has entered into further explanations respecting 
his long detention at Algoa Bay, the turbulence of his people 
and their final discharge by the authority of the magistrate, 
and without prejudice, as he stated, to the full allotment of 
land for the number whose deposits he had paid. 

In the correspondence and statements with which you have 
furnished us, it appears that the memorial of Mr. Wait for an 
additional Grant was dated on the 26th March, and referred 
back to you on the 25th April 1822, that you reported favoralily 
upon it on the 10th July following, and that on the 9th August 
1822 the additional grant was approved of by letter from tlie 
Colonial Secretary. 

In your return of May 1823 (printed) Mr. Wait is stated to 
have done Httle or nothing, and in your letter of the 24th 
December last you state " I cannot recommend the grant of 
the full location unless Mr. Wait shall shew further cause, 
himself only having resided, and very little having been done 
as to cultivation, particularly as Mr. Wait has applied for 
additional grants." 

As we were unable to reconcile these reports with the state- 
ments that have been made to us, or with each other, we 
request you will furnish us with a Copy of your letter to the 
Colonial Secretary of the 10th July 1822, recommending tliat 


174 Records of the Cape Colony. 

an additional grant should be made to Mr. Wait, and that you 
will have the goodness to explain upon what grounds you then 
considered him entitled to 1000 acres in addition, and 18 months 
afterwards declined to recommend even the grant of his original 

Mr. Wait^s servants appear to have been discharged by Major 
Somerset a few months after they were located, consequently 
the fact must have been known to you when you visited the 
location in 1822. The suspense in which Mr. Wait has been 
held has been discouraging, and the delays injurious, and 
whatever may be the nature of his claims, we cannot but 
lament that an eartier decision should not have been given to 
them, but observing that the question regarding the title to 
his location is indefinitely suspended by your letter of the 
24th December last, and that he is expected to shew some 
fresh cause for its being made over to him, we beg to know 
whether any steps have since been taken to remove a doubt, 
on which Mi. Wait has stated his prospects in this Colony are 
finally to depend. We have &c. 

(Signed) John Thomas Bigge, 

Wm. M. G. Colebbooke. 


Letter from the Landdrost of Albany to the Commissioners 
of Enquiry. 

Graham's Town, 2hth March 1824. 

Gentlemen, — In reply to your Letter of the 24th Instant 
requesting to be informed whether a Colonial Pass for Richard 
White has reached my Ofl&ce or whether any representation 
has been made by me which led to its being withheld, I have 
the honor to state that no such document has been received 
at my OflSce, and that no representation respecting it has been 
made by me. 

In explanation of my reason for objecting to permit Messrs. 
Slowman\and Kidson to quit their Location, I have the honor 


Records of the Cape Colony^ 175 

to transmit a Copy of my Letters to the Colonial Secretary 
dated 11th March and 8th April 1822, on the subject, and of 
his replies thereto. I have &c. 

(Signed) Harey Biyebs. 

[Office Copy.] 
Letter from Eabl Bathurst to Lord Charles Somerset. 

Downing Street, London, 2^h March 1824. 

My Lord, — I transmit to your Lordship herewith enclosed 
certain papers addressed to the Orphan Board at the Cape of 
Good Hope, which having been put into the hands of His 
Majesty's Minister in Switzerland by the Government of the 
Canton of St. Gall, have been forwarded with the view that I 
should desire your Lordship to cause them to be delivered to 
the Orphan Board. I have &c. 

(Signed) Bathtjrst. 

Letter from Lord Charles Somerset to Earl Bathtjrst. 

Cape op Good Hope, 2^h March 1824. 

My Lord, — The Public Offices in Cape Town having required 
some slight repairs which, to prevent deterioration, it was 
expedient should be executed before the setting in of the 
Winter Season, I directed the Inspector of Buildings to call 
for Tenders for the Work the lowest of which amounting to 
Eds. 6613 I have accepted. I therefore beg to solicit that 
Your Lordship will sanction this Expence, and apprize the 
Audit Office of your decision. I have &c. 

(Signed) Charles Henry Somerset. 


17(i liecoi'ih of the Cape Colony. 

Letter from Lobd Charles Somerset to Earl Bathubst. 

Capk ow Good Hope, 2Qth March 1824. 

My Lord, — On a representation made by the Resident at 
Mossel Bay of the scantiness of his Salary and of the necessity 
he is under of occupying his own Premises, the Government 
Building allotted to the Resident affording accommodation 
for the Boat's Crew only, I have been induced to allow him 
Rds. 600 annually for House Rent ; and considering it irregular 
that the Inspector of Lands and Woods should continue to be 
supplied with Stationery from the Colonial Office as he has 
hitherto been, I have directed the charge in future to be kept 
distinct. But as these items are both of a fixed contingent 
nature and require your Lordship's particular sanction I beg 
you will be pleased to allow them to be placed on the Schedule 
of fixed contingencies and communicate your Decision to the 
Auditors of Colonial Accounts. I have &c. 

(Signed) Charles Henry Somerset. 


Letter from the Landdrost of Albany to the Commissioners 

of Inquiry. 

Graham's Town, 26th March 1824. 

Gentlemen, — In reply to your letter of the 25th Instant 
relative to the complaint of Mr. W. Wait, I have the honor to 
transmit a copy of my letter of the 10th July 1822, recom- 
mending the grant to Mr. Wait of a small plain near the sea, 
and to state in explanation of my letter of the 24th December 
1823 that the grant of the full location had been refused, but 
not on a report from me in May 1823, by His Excellency the 
Governor, who had before objected to making the full grant. I 
was not however referred to, and did not make any report on 
a previous memorial from Mr. Wait for the full location. 

Records of the Caj^e Colony, 177 

No question has arisen as to the grant recommended by me 
in July 1822, and the caution which Mr. Wait states I gave 
when he called on me two months ago must have been with 
reference to his other memorial, the compUance with which 
had been made by His Excellency to depend on Mr. Wait's 
shewing hereafter that he possessed the means of cultivating 
and stocking the land fully. 

It is very possible I might have recommended the grant in 
July 1822, and not have seen reason in December 1823 to have 
recommended that which had been before refused and which 
was rendered the less necessary by the previous grant, and I 
am not aware, as I have not seen any document to that eflFect, 
of the discharge of Mr. Wait's servants having been accom- 
panied with a guarantee that his claim to the grant of the full 
location should not be aflPected thereby. I have &c. 

(Signed) Harry Rivers, 

[Printed Copy.] 

Report of the Proceedings in the Case of His Majesty*s Fiscal 
versus L, Cooke, W. Edwards, and J. B. Hoffrrvan, for an 
alleged Libel on G. Blair, Esq., Collector of Customs. 

With an Appendix of Papers, illustrative of the case. 

Cape Town : 
Printed and Published by 6. Greig, Commercial Press. 


His Majesty's Fiscal v. L. Cooke, W. Edwards, and J. B. 


This was an ex officio prosecution brought by His Majesty's 
Fiscal against the Defendants ; charging the first with having 
written and signed, the second with having drawn up and 
forwarded to His Excellency the Governor, and the third with 
having copied a certain libellous statement, in the shape of a 
Memorial to the Lords of the Treasury, accusing Mr. C. Blair, 



178 Records of the Cape Colony, 

Collector of His Majesty's CuBtoms, of having coromitted divers 
mal-practices in the distribution of Prize Negroes and of having, 
in many instances, made donations of these people to satisfy 
the claims of several of his creditors. 

A list of about sixty witnesses (among whom the name of 
His Excellency the Grbvemor appeared) was exhibited by His 
Majesty's Fiscal, as containing the names of witnesses required 
by the second defendant ; but to this mode of proceeding the 
Fiscal objected, as being contrary to the Roman and Dutch 
Laws, which leave it to the discretion of the Judges to inquire 
into the nature of the evidence, and authorize them to select 
those only who appear relevant to the matter at issue; and 
therefore prayed, that the Court should require from the 
defendants to state the facts to which they required every 
witness to speak, with liberty to the Judge to curtail such as 
might not appear to be relevant. 

The Court decreed the inquiry to be proceeded in regularly 
— reserving to themselves to decide upon this question after 
the interrogatories were answered by the Defendants. 

Upon proceeding to the interrogatories, the second 
defendant, W. Edwards, proposed four exceptions, as a plea 
in abatement. 

Ist. That His Majesty's Fiscal had committed a gross 
neglect of duty in not attending to the 33rd article of the 
•' Crown Trials," which directs, that all trials should be pro- 
ceeded in within eight days from the decree of the summons 
in person : whereas the decree was granted by the Court on 
the 6th instant, and the trial only commenced this day, the 
16th, which by no rule of arithmetic could be made to come 
within the time prescribed by the statute. 

2nd. That His Majesty's Fiscal had been guilty of a dere- 
liction of duty in not summoning all the witnesses to appear 
this day : none in fact had been summoned — and this also 
was contrary to the 38th Article of the " Crown Trials." 

3rd. Th^.t His Majesty's Fiscal had been guilty of a gross 
and detestable falsehood, in not religiously adhering to the 
truth and the evidence before him, as prescribed in the 36th 
Article of the Crown Trials ; he stating, that a Prize Negro, 
William Cousins, had been compelled, by threats from Mr. C. 
Blair, to return into his service after the expiration of his 14 


Records of the Cape Colony. 179 

years apprenticeship ; whereas the Memorial to the Lords of 
the Treasury deemed Ubellous, did not warrant that assertion ; 
as nothing could have compelled that negro to return into his 

The Defendant (Mr. Edwards) was proceeding to charge His 
Majesty's Fiscal with similar untruths — ^which, in his opinion, 
would render him liable to corporal punishment when the 
Fiscal rose, and in great warmth claimed the protection of the 
Court against the scurrilous language used by the defendant : 
— The Court, after having twice warned the defendant against 
using such indecorous language, condemned him to imprison- 
ment for one Month : and postponed the trial until a future day, 

Wednesday, Feb. 18, 1834. 

This case, the hearing of which was put off on Monday the 
16th, came on to be further heard this day, and seemed to 
excite very considerable interest. The ayenues leading to the 
Court were crowded at an early hour. On the assembling of 
the Court, the defendants were not, as before, called in together, 
but separately. 

The proceedings were commenced by the Court calling the 
first defendant, Mr. L. Cooke, who was asked, whether he was 
willing to answer such interrogatories as had been exhibited 
by the Fiscal ? 

Mr. Cooke said, that previously to answering any questions, 
he had an exception to take to the incompetency of the Court ; 
— ^which he read as follows : 

" I cannot allow this inquiry to be proceeded in, without 
laying before your Worships a true statement of this case, the 
result of which I doubt not will prove that His Majesty's Fiscal 
has been premature in bringing this action forward : that there 
can exist no grounds for the present action in the present state 
of this case, and that therefore this action, in limine, ought to 
be withdrawn from the cognizance of your Worships. I com- 
mence by acknowledging what I conceive would be a disgrace 
to my character to deny, and an insult to the persons whose 
grievances I thought it necessary to lay before the competent 
Authorities, that I directed to be drawn up, examined, ap- 
proved, and signed, the Memorial addressed to the Right 

N 2 

180 Records of the Cape Colony, 

Honorable the Lords Commissioners of His Majesty's Treasury, 
treated as libellous by His Majesty's Fiscal, and the subject 
of the present prosecution. In how far this document may be 
deemed libellous, does not belong to me now to consider, 
although I trust I shall be able fully to exculpate myself on 
that head, should the principal merits of this case still remain 
to be discussed hereafter ; but here I beg leave, with the 
utmost submission, but still with the greatest confidence, to 
maintain that this document, whether libellous or not, cannot 
legally, in the present stage of the proceedings, form the subject 
of a criminal prosecution. Impelled by a sense of duty 
towards the public, and to several unfortunate subjects, whom 
I saw the silent victims of arbitrary power ; become myself 
the object of violence and insult, because I presumed, in the 
mildest manner, to advocate the cause of one of these who 
had faithfully served me for several years, to whom I felt a 
reciprocal attachment, and hearing at the same time, from 
various channels, of similar and worse practices, in the disposal 
of Negroes, I thought it a duty to them, as well as to society 
in general, to represent such cases of which I had proofs in 
support of my assertions, through the proper official channel, 
to the constituents of my present accuser, Mr. Blair. 

" This Memorial is drawn out without the slightest wish to 
be oflEensive to His Majesty's Grovemment. It contains an 
official Charge and Information solely against Mr. Blair, not 
affecting his private character, but his public situation as 
Collector of His Majesty's Customs. This Memorial was not 
published, no publicity whatever was given to it here, and it 
was only forwarded to His Excellency the Oovernor (with the 
knowledge of the Collector of Customs), for the sole purpose 
of being laid by his Lordship before the proper authorities, as 
an official impeachment against the Collector. This Memorial 
was diverted from that channel. The Right Honorable the 
Lords of the Treasury have not as yet pronounced upon its 
contents. And I therefore beg leave to submit, that it would 
be prejudging this case, that it would be doing an injury to 
me, and to justice in general — an injury which never could be 
remedied — were this prosecution allowed to be gone on with, 
in the face of a charge which has been made officially, from a 
sense of duty to myself and the public, through the proper 

Records of the Capb Colony, 181 

channel and to the proper authorities ; — a charge which has 
not as yet been inquired into — ^f or which the time is not yet 
come to inquire. Upon these grounds, therefore, I beg leave 
to propose an exception against the legality of this summons, 
and to pray for an absolution, ab instantia, with costs." 

The Fiscal replied at some length, contending that it was 
a Libel, and that the Treasury was not the competent authority 
to which to appeal. 

Advocate Cloete, for the first defendant, asked leave of the 
Court to argue in support of the exception. 

The Fiscal objected to it, as being contrary to the 42nd 
Article of the Crown Trial. 

The Court rejected the application of Advocate Qoete, and 
overruled the exception. 

Advocate Cloete, for Mr. Cooke, gave notice of appeal 
against this decision, to the full Court. 

The first defendant was then interrogated, whether he had 
wilfully, and with a maUcious intention, composed, published, 
and signed a certain Ubellous writing, which was exhibited ? 

Mr. Cooke admitted that he had signed the Memorial, but 
not with a malicious intention. He was then interrogated as 
to what he could advance in excuse ? 

Mr. Cooke requested to be heard by his Advocate, Mr. Cloete, 
who proposed to conduct his defence by calling some of the 
witnesses named by the second defendant. 

Mr. Edwards, the second defendant, was then called, and 
informed by the Court, that he was at liberty to proceed with 
his exceptions : — He then rephed, that on a previous day, in 
urging his third exception, he asserted, " That the Fiscal had 
stated a detestable falsehood," for which he was committed to 
prison : that he had been three days in prison, considering the 
matter, and had not altered his opinion one jot ; but, for fear 
he might be again incarcerated, he would not pursue his 
exception." In support of his fourth exception, "as to the 
competency of the Court," Mr. Edwards had intended to have 
urged, that the step which he had taken was the only mode of 
bringing Mr. Blair to justice ; His Excellency the Governor 
having declared officially, that the Colonial Government had 
no authority over Mr. Blair in regard to Prize Negroes. He 
further cited " Blackstone," vol. I, p. 143, showing that in case 

182 Records of the Cape Colony. 

of uncommon injury, His Majesty's subjects might seek redress 
by Petition to the King or Parliament. And by statute I W. 
ft M., all prosecutions for so petitioning are illegal. 

He went on to state, that Mr. Cooke, himself, and Mr. Blair, 
were all natural bom subjects of his Majesty ; and cited 
** Blackstone," vol. I, p 370, which states, " The Prince is 
always under a constant tie to protect his natural bom subjects, 
at all times, and in all countries." He cited also, " Justinian's 
Institutes," to prove that any subject detecting and exposing 
the malversation of public officers, so far from prosecution, 
was entitled to certain honors; and that the Fiscal, instead 
of prosecuting him, had he faithfully discharged his duty, on 
reading the Memorial should have brought Mr. filair to trial. 
He boasted in this Court that he had courage to attack any 
person, however exalted his office, who oflEended against his 
duty. Vain boast ! Why did he not, when he read the serious 
charge contained in a Memorial from so respectable a gentleman 
as Mr* Cooke, cause an investigation into the conduct of Mr. 
Blair, as was done in the case of the Landdrost of Tulbagh ? 
Why did he not prosecute the culprit who intercepted that 
Memorial, if he had so much courage ? '' I," said Mr. Edwards, 
" boast no great courage ; yet, if you will show me the man 
who presumed to intercept that complaint to the Lords of the 
Treasury, be it Mr. Fiscal, Mr. Blair, or any other Mr. ; what- 
ever may be his rank or title — I will pray the Court to place 
me in tiie situation of Fiscal, jyro tempore; we will change 
places ; he shall stand where I now do, a prisoner, and I pledge 
myself, in defiance of every obstacle, to bring the delinquent 
to justice* Then you shall see, Mr. Fiscal, who has the courage 
to attack malversation." 

He further cited 12 W. 3, C. 2, to prove that no denizen can 
hold any office of trust, civil or military, under the Crown ; 
and that Mr. Denyssen, not even being a denizen, was not 
eligible to the office of Fiscal. These and many other argu- 
ments he could have urged, but feared the warmth of his 
feelings might be again construed into disrespect to the Fiscal, 
and render him liable to further imprisonment ; he would 
therefore abstain from pressing his objections. 

The Fiscal replied, in answer to the first exception, that 
although the summons for personal appearance was granted 

Records of the Cape Colony. 183 

on the 5th of February, yet, as he did not take it from the oflSice 
until the 9th, he was entitled to calculate the eight days 
required by the 33rd Art. Crown Trial, from that day. In 
repljdng to the second exception, he said that he had submitted 
to the Court his reasons for not summoning the witnesses for 
the accused, agreeably to the 8th Art., many of them were 
public officers, and their attendance Would be inconvenient. 
An entire silence he thought the most becoming course with 
regard to the third exception. As to. the fourth, he contended 
that as Mr. Edwards had in a former case submitted to the 
jurisdiction of one Commissioner, he could not now object to 
that of two. He admitted the parties were EngUsh subjects, 
but he did not see that they were consequently entitled to be 
tried by EngUsh law in every part of the globe. The defendant 
had objected to his being Fiscal ; he could however tell him 
that he had the honor to be approved by His Majesty's Secre- 
tary of State ; that he had filled the situation 12 years, and this 
was the first time his conduct had ever been called in question ; 
and he desired the defendant to understand that he would 
continue to hold his office until deprived of it by some better 
authority than the defendant could produce. 

The Court was cleared, and on our re-admission, we found 
that all the exceptions taken by the second defendant were 

Mr. Edwards was then interrogated, whether he had wil- 
fully and mala fide pubKshed, by sending to his Excellency 
the Governor, the said Memorial ? 

Mr. Edwards answered. — " I did nothing wilfully nor mala 
fide. I wrote part of the Memorial signed by Mr. Cooke ; 
and sent it to the Lords of the Treasury bona fide. I never 
published it, nor do I know how it was intercepted, or came 

On being asked what he could urge in excuse for it ; he 
answered — " I justify it — I glory in it. It is the duty of every 
good subject to inform His Majesty of the mal-practices of 
his servants. I have ever done it, and ever will." 

Mr. HoflEman, the 3rd defendant, was then called, and in 
answer to interrogatories, denied all knowledge of the 

A letter from Mr. W. Bird was here produced by the Fiscal, 

184 Records of the Cape Colony. 

stating that Bfr. Blair was seriously indisposed, and could not 
attend. The Court therefore adjourned the further hearing 
until Friday. 

Friday, February 20. 

The same degree of interest was excited as on Wednesday. 
The Court was nearly filled from the commencement ; and the 
further hearing of this case was resumed. The three defen- 
dants were all in court this day. 

The Fiscal moved the Court to extend the whole charge to 
the second defendant. He said he grounded his application 
on the defendant's answer to the interrogatories on a former 
day : and cited the 24th Article of an English translation of 
the laws of Demerara, as his authority. He then handed the 
book over to the defendant Mr. Edwards. On reading this 
article, the defendant declared, that the Fiscal must be wholly 
ignorant of the English language, or have wilfuUy perverted 
its meaning, the article in question not in the least justifying 
the conclusion the Fiscal had drawn. He conceived this was 
a continuation of that system of persecution which had been 
adopted against him for doing that which the Fiscal should 
have done, but which he had not courage to attempt, after 
Mr. Cooke's complaint had lain dormant in his office for seven 
or eight weeks. He would take this opportunity of saying, 
that as it had been alleged that he had treated the Court 
disrespectfully, he felt it necessary for him to repel so foul an 
insinuation. He had been bred to the law ; he had been for 
many years a witness to the. impartial distribution of justice 
in his own country ; during which time he had learned to 
honor and revere every honest magistrate, meet him where he 
would ; and he would tell the Fiscal that even in this place he 
could not shake oflE his early impressions. In that Court the 
Fiscal was entitled to no more protection than any other 
advocate. In his office, the Fiscal had oflEered him a private 
insult, and the present was the only opportunity of retaliating : 
— " Yes " added Mr. Edwards, " when I was in his office, 
arguing dispassionately and respectfully against the illegality 
of his conduct in intercepting a complaint, by one of His 
Majesty's subjects, against one of His Majesty's servants, and 
that all prosecutions for writing petitions were declared by 

Records of the Cape Colony. 185 

stat. 1 W. & M. to be illegal ; he burst into an impertinent 
and intemperate declaration (worse than that for which I was 
sent to prison — ^because it was unprovoked, unjust, unlawful, 
and unbecoming,) that he would hold no further conversation 
with me until we met in Court. — ' There,' said he, ' you shall 
hear me.' Now had the Fiscal known to whom he addressed 
that impotent taunt, he would have felt it dangerous to rouse 
a lion that will destroy him ; he would have known that I 
cared as little for his menace as for his persecution or himself ; 
and that in Court — out of Court — at all times and in any 
place, I am, at the very, very least, his equal — ^taking his gown, 
his influence, his office, and his authority into the bargain ; he 
would have known there was something in the free, hopest, 
unbending spirit of an English lawyer, not to be insulted with 
impunity ; he would have known it would take more grates, 
bars, and oppressions than he can possess, to tame a soul 
reared in the lap of liberty ; he would have known that he may 
manacle my hands, he may shackle my feet, and he may cast 
my person into a cell ; but I can tell him my soul bids defiance 
to every Fiscal ; it will soar above him, if will hover over him, 
it will pounce upon him when and where he least dreams." 

The Fiscal here interrupted the defendant, and claimed the 
protection of the Court against expressions so personally 
directed, and declared, unless he were protected, he could not 
continue to sit there. 

The Court was then cleared to deliberate, and on its 
reopening, Mr. Edwards was informed, that the Fiscal's 
application was refused. 

The Fiscal then gave in a list of his witnesses, consisting of 
Mr. C. Blair, Mr. Wilberforce Bird, Mr. Ponterdent, Mr. 
Tyrholm, Mr. Lind, and Mr. Bendall. The two latter were 
to prove the Memorial was copied by Mr. HoflEman. Mr, 
Tyrholm to prove that Jean Elle had been his servant on his 
first landing, and, after some years, was restored to the Collector 
of Customs, for ill-conduct ; the three first were to prove the 
falsehood of the Memorial. 

Mr. Edwards here objected to evidence being called to prove 
anything 7U>t charged in the indictment; it not being therein 
once alleged that any part of the Memorial was untrue. On 
the contrary, the indictment says, " that the Memorial was 

186 Records of the Cape Colony. 

written seemingly with the intention to bring to the cognizance 
of the Lords of the Treasury Mr. Cooke's complaint against 
the Collector of Customs, requesting them to cause an investi- 
gation thereof, and afford him redress ; and that he did also, 
with the intention to expose the officers of Customs to the hatred 
and contempt of their superiors, and to bring them in danger 
of being ignominiously discharged from their situations, make 
remarks, and allege facts, by which they are represented in a 
contemptible and criminal aspect." He then argued, that 
inasmuch as the assertions in the Memorial were admitted to 
be " facts," — and as facts are truths — ^he could hardly conceive 
how any man, pretending to be a lawyer, would attempt to 
call witnesses to prove that his own assertions were false. He 
had no objection that Mr. Blair, Mr. Bird, and Mr. Ponterdent, 
should be called to prove the truth of the Memorial, as out of 
their own mouths he would convict them. 

He admitted that Jean Elle had served Mr. Tyrholm faith- 
fully while a prisoner of war, but on the war terminating, he 
became a free man, and was no longer willing to serve as a slave. 
He thought it a novel thing to bring a writing-master to prove 
Mr. HoflEman's writing, and upon that proof prosecute him ; — j 
the paper-maker, or the goose, whence the pen with which it i 
was written was plucked, might as well be prosecuted. 

The Court called on Mr. Edwards to say what was the purport 
of the proofs he wished to produce. He answered, he was 
prepared to prove the truth of everything contained in the 
Memorial, and much more. The defendant then asked the 
Fiscal whether he had not communicated a list of his witnesses 
to Mr. Blair ? 

This the Fiscal refused to answer. 

Mr. Edwards stated, that this refusal, in his opinion, proved 
the fact ; and as the Fiscal would not answer, he could tell 
the Court that this list had been exhibited to Mi. Blair : who 
had taken advantage of it, by tampering with some of his 
(the defendant's) witnesses. He would put this question to 
Mr. Blair on his oath ; — ^if he denied it, by the evidence of two 
witnesses he was prepared to prove it to the Court. 

The Court intimated to the defendant, that if he could prove 
what he asserted, he might proceed against the Fiscal and 
Mr. Blair. 



Records of the Cape Colony. 187 

The defendant replied, he was aware where and how to seek 
for justice. But he knew better than to assail a snake in its 
own hiding place. It was nothing encouraging to him to be 
told by the same breath which sent him to prison for ex- 
posing the Fiscal's falsehood, that he might prosecute him 
for it. He then declared that he had already petitioned the 
House of Commons against the unjust and unlawful pro- 
ceedings the Fiscal had adopted. " Here " (said he) " the 
Fiscal sits dressed in all possible power — there he wiU appear 
a culprit ; and I not only received as a man of well known 
character, but as an undaunted patriot : my character will 
place me as far above him there, as he is here above the lowest 
menial of this Court." 

The Court was cleared for deliberation, and on our re-ad- 
mission it was adjudged, that no witnesses should be examined 
as to the truth or untruth of the Memorial. 

Mr. Advocate Cloete, for Mr. Cooke, appealed against this 
decision, as did Mr. Edwards. 

Mr. Edwards then stated, that as at the best of times he was 
unable to bear the expences of this prosecution, he was the 
less able to do so in prison, having Kttle but the honest earnings 
of his business to support him : — ^he therefore prayed the Court 
to grant him an advocate to plead pro Deo, and also to have 
copies of papers, &c., free from Court fees. 

The Court required a Certificate of his inability to defray 
the expence, which being made, we understand Mi. Advocate 
Brand was nominated. 

Mr. Lind was called and sworn. — He had formerly bfeen a 
Clerk to Mr. HoiBfman. Thought some words like his writing, 
but he could not speak to the fact. Many years had elapsed, 
and he would be a bold swearer who should speak positively 
after so great a lapse of time. Mr. Hoffman's protocol was 
shown to the witness. — He could discover no decided 

Cross-examined. He had not seen Mr. Hofltman write the 

Mr. Bendall was called, and sworn. — Is a writing-master and 
teacher of mathematics. Could not, professionally, decide 
whether two hand-writings, bearing some resemblance, had 
been written by one person. 


188 Records of the Cape Colony, 

The Fiscal proposed, in the absence of direct proof, that Mr. 
Hoffman be acquitted : — ^And the Court, after a short deU- 
beration, pronounced him Acquitted. 

Thursday, Feb. 26, 1824. 

On appeal to the Pull Court (with the exception of Sir John 
Truter, Chief Justice, who was out of town). 

The proceedings were commenced by ]Mt. Advocate Brand, 
who rose to argue in support of the Exceptions taken by the 
defendant Mr. Edwards, on a former day, and which, having 
been over-ruled by the Court below, were appealed from to 
the Full Court. 

Mr. Advocate Cloete, who appeared for Mr. Cooke, in the 
course of his argument, read the Memorial, which gave rise to 
the prosecution : this we now subjoin, together with the 

To the Right Honourable the Lords Commissioners of His 
Majesty's Treasury. 

The Memorial of Launcelot Cooke, of Cape Town, in the Cape 
of Good Hope, Merchant, Respectfully Sheweth, 

That by an Act of Parliament made and passed in the forty- 
seventh year of the reign of his late Majesty King George the 
Third, entitled " an Act for the Abolition of the Slave Trade," 
it was enacted that all Subjects or inhabitants of Africa, 
unlawfully carried or imported as Slaves into His Majesty's 
Colonies, should be seized, prosecuted, and forfeited, in the 
like manner and form as Goods and Merchandizes unlawfully 
imported, and that after the condemnation thereof, such 
subjects or inhabitants should be bound as apprentices for a 
term not exceeding 14 years, on such conditions as His Majesty 
by an order in Council might direct or appoint. 

And it was further enacted, " that any Indenture of Appren- 
ticeship, duly made and executed by any person or persons to 
be for that purpose appointed by any such Order in Coimcil, 
for any time not exceeding fourteen years, should be of the 
same force and effect, as if. the party thereby bound an 
apprentice, had himself or herself, when of full age, upon good 
consideration, duly executed the same." 

Rexiords of the Cape Colony. 189 

And that His Majesty the said King George the Third, did, 
by an order in Council, aftei^wards direct, that all such subjects 
or Natives of Africa, so seized, forfeited arid condemned, 
should be placed out as Apprentices, by the Collector of 

Also that in or about the year 1810, the French Packet 
UEctor, trading from St. Denis to Port Louis, being captured 
by the EngUsh Brig Race Horse, one Jean E116 was found on 
board thereof, who stated that he was a free man of colour, a 
native of Bourbon, employed as a Seaman on board such 
Packet, but being unable to speak English or Dutch and the 
Inhabitants of the Cape ignorant of the Patois of Bourbon, he 
could not make himself understood and was ultimately placed 
out as an apprentice, by Charles Blair Esquire, the Collector 
of Customs at this Port, and after having served two several 
Masters, some years, he was removed by the Collector of 
Customs and placed with Mr. Samuel Murray, who hired him 
to your Memorialist's establishment, nearly six years, at the 
rate of Thirty-five RixdoUars per mensem, when at the death 
of the said Samuel Murray, the said Jean E116 requested your 
Memorialist to permit him to continue in his Service, alledging, 
that he had only a very short time to serve of his original 
apprenticeship, to which your memorialist consented from the 
good opinion he entertained of the man, acquired during his 
long and faithful Service, and he paid his wages to him, until 
on or about the 21st day of November last, when he received 
an order from Mr. Blair to deliver up Jean E116 to William 
Wilberforce Bird Esquire, or his order, accompanied by a 
Note from the said Mr. Bird, who is the Comptroller of Customs, 
requiring the man to be sent to the Custom House. 

That he immediately informed the said Jean Elle of such 
demand, and requested him to go there, as desired, but on his 
representing that he had so long served your Memorialist with 
fidehty and industry, and hoped he should not be abandoned 
at the close of his servitude, your MemoriaHst replied, that 
though he was unwilling to force him away, he could not dis- 
obey the peremptory order of the Collector of Customs, and 
requested the man to go as desired; yet he nevertheless 
refused to do so, until he found he was destined to serve one 
H. M. Pegou Esquire, the son in law of Mr. Wilberforce Bird, 

190 Hecords of ilu Cape Colony. 

the ConqytrbDcer of Costanm, and that the PoHoe wete^ scnrndung 
to apprehend him far diaohedifiiice of ardeis, ncheiihe iDStantfy 
repaiFBd to iSkut Cnstam Haue. 

That a fcfw days hef are Jean EDe conld he prevailed npcm 
to leaTe the engslonr of liemcirialist and his ooparfcner, Mr. 
Fegon csalkid at their house, ^where witnesgng Jean EXIe's 
rehictanoe to leaxe thenu he said, if another Cook oooM be 
reocamnended to hxnu he ^was ^idDixig the man should r»nain 
where he waa, irheanenpan after oonsnlting a Oentkanan in the 
Law, many years aoqnainted wit^ 1^ axrangements made by 
Mr. Blair on amilar oooa^ons, yoor MemoEialist sabseqnoitiy 
met Mr. Pe^oo, and stated, tiuct he was wiDing to meet his 
fnt^poBal and pay the wages of any cook he might hire ; wfa«[i 
pretendiDtg to be offended he iiidely left your Mt^norialist 
without an answer. 

That whilst Jean EDewas waiting at the Gostom House, 
your Mem<Mialist, from a wish neTer to offend or oppose the 
oonstitated anthoritira ci His Majesty, and sopposang from a 
frequent repetition of a amilar intexfei^Hioe by Mr. Blair that 
he was empowered by Law so to do, repaired to the Oostom 
House where he saw Mr. Blair, on horseback, in company with 
Mr. Wilberf<»oe Bird, and accoe$ted him respectfully in the 
presence of Mr. Roberts, the Head Qerk in the Establishment 
of Memorialist, for the purpose of informing him that the man^s 
objection to leave his employ was the cause of the trifling delay : 
whereon Mr. Blair in the most violent, loud and insulting 
manner, holding up his whip or stick, in a threatening attitude 
said to your Memorialist : " Damn you Sir, hold your tongue 
or, by God, I'll knock you down. God damn you Sir, don't 
speak a word, or I'll knock you down ; if you had said as much 
to me as you said to my Friend Mr. Pegou, I would have blown 
your brains out, damn and blast you, I would you Scoundrel," 
and m he rode away, he called your Memorialist " a damned 
Son of a Bitch " and Mr. WUberforce Bird, who was in company 
with Mr. Blair, at the commencement of your Memorialist's 
attempt to speak, instantly rode off, the moment he perceived 
Mr. Blair under the natural influence of his temper, that he 
might neither restrain or be called to bear witness of his 
brother Officer's insolence. 

That your Memorialist, having no other wish than to receive 

Becords of the Cape Colony, 191 

sach an apology, as His Excellency the Grovemor might think 
fair, complained of this outrage, when Lord Charles Somerset, 
ev^ anxious to discharge his duty with an impartiality befitting 
the representative of His Majesty, applied to the Collector of 
Customs, and as might have becmi expected, a person capable 
€i descending to such abusive expressions, would be sure to 
contradict them, Mr. Blair did so« though he pretended to glory 
in one part of his rudeness, as communicated by His Lordship, 
with the enclosure from Mr. Blair. 

Tour Memorialist humbly submits that this vainglorious 
boast of Mr. Blair's carries its own refutation in its face ; for 
had Memorialist insulted Mr. Pegou, as is pretended, it is clear 
that he was either able to resent it himself, or unworthy the 
aid of a proxy. 

However as your memorialist conceives that the ipse dixit of 
Mr. Blair cannot be set against the Oath of himself and Mr, 
Roberts, he annexes Depositions taken before a notary, 
agreeably to the Laws of this Colony, and also one of Jean 
EDe, on which he confidently appeals to your Lordships for 

Tour Memorialist further respectfully submits that when 
this man was once placed as an Apprentice, the legal right of 
interference in the Collector of Customs ceased, as in the case 
of a Parish Apprentice in England, where the Master has a 
Chattel interest that devolves on his Executors, and therefore 
as your Servant csinnot have been actuated by a sense of duty, 
he feels it imperious on him to draw your Lordships* attention 
to the fact of his having in the first instance put this man out 
as an Apprentice, he being a Sailor Cook, and as he has alwajrs 
declared, a prisoner of War. If Mr. Blair had been influenced 
by the benevolent spirit of the Abolition Act (and Jean E116 
had been a slave in reality) when he found him a man near 
thirty years of age, so good a cook, and so well able to earn 
the bread of honest industry, he would have satisfied the law, 
by placing him in some family for a few months, instead of 
fourteen years ; but this would not satisfy the necessities or 
the wishes of Mr. Blair, who acquired consequence and credit 
by disposing of so many Slaves of the most unfortunate order ; J 

and if your Lordships would afford your protection against the 
future oppressions of the Officers of Customs, several Cases 

192 Records of the Cape Colony. 

should appear before you of Mr. Blair's privity to such con- 
tracts as that offered to Mr. Pegou, at which he expresses such 
indignation ; to contracts, even more corrupt, some, wherein, 
when persons have pressed him for payment of his debts, he 
has promised them greater advantages, which have ended in 
donations of miserable Creatures, thus abandoned to those 
. whom he dare not to assail, sacrifices to his necessities, victims 
of his oppressive partialities. Hearing of his insolence to your 
Memorialist, several persons in Cape Town of the greatest 
respectability, highly indignant at such demeanour, came to 
Memorialist with accounts of the maimer in which he had 
disposed of Negroes to themselves, and are now ready to make 
Oath of these facts ; but your Memoriahst unwilling to expose 
them to the powerful vengeance of the Custom House, wishes 
first to obtain an assurance of your Lordships' protection 
towards them. The English Senate intended to have been 
the friend and protector of the wretched Negro ; but in this 
case it has been the greatest misfortune. Here is a man well 
able to earn Thirty Five RixdoUars per month as a Cook, 
who, on pretence of being taught a business, is bound by the 
ruthless cupidity of His Majesty's Servants, to serve the most 
valuable part of his life to the favourites of the Collector of 
Customs at Cape Town. 

Had Jean E116 been a Slave in fact and remained so, after 
so valuable a portion of his life spent in the service of his 
Master, the Law would have opmpeUed that Master to support 
him in his old age ; but here is a man serving the prime of a 
valuable life for the advantage of those, who, in old age, will 
desert him to all the miseries of want. 

Your Lordships will feel how inconsistent is such conduct 
with the philanthropy that abolished Slave-dealing. Your 
Lordships will feel how wretched is the state of that Slave 
who under the benign indulgence and protection of Mr. Blair, 
is cursed with liberty at the end of a cruel, abject and unpro- 
fitable Slavery of fourteen years, left to starve in the decline 
of life, after having worn away his strength by the goadings 
of those who have no interest (like the real Slave Proprietor) 
in well treating these poor people, to make their old age more 

Your Lordships will feel what sentiments actuated Mr. Blair, 

Becords' of the Cape Colony. 193 

when on a very recent occasion one William Cousins, who had 
served him fourteen years, and been a voyage with him to 
England, on applying for a certificate of the expiration of his 
Apprenticeship, was cruelly told he should never have it unless 
he would return to his Service. 

Your Lordships will feel what is the general tenor of Mr. 
Blank's character, his humanity, his mildness and his justice, 
when you are informed that this poor man preferred all the 
horrors of starvation rather than return to a Master who had 
made him so miserable, and such must have been his fate ; so 
great the terror of the Collector of Customs, had not the 
benevolence of one of your MemoriaUst's acquaintances 
prompted him in defiance of the malediction and the denun- 
ciations of this great man, to take the poor Negro for his 

Your Lordships will feel and appreciate the spirit that urged 
Mr. Blair, when he saw an unhappy Negro, who had served 
your MemoriaUst for the benefit of Mr. Samuel Murray above 
six years, anxiously soliciting to be continued in the same 
employ, so callously rejecting every solicitation, although the 
man becomes free again on the 1st of March next. 

Your Lordships will feel, whether it was an amiable thing 
in a person entrusted with the exercise of His Majesty's bene- 
volence so relentlessly to separate a master and a servant, 
whom he saw happy and satisfied in so long a connexion. 

And your Lordships will feel and judge whether the violence 
of his language to Memorialist, the indecency of his expressions 
in the letter to the Governor, and the unfairness of his conduct 
in taking Jean EUe away from your Memorialist in violation 
of every principle of humanity towards the poor man, merely 
to supply Mr. Bird's Son in Law with a Cook, was befitting 
him who holds an important trust under the King, in which 
equanimity of temper, humanity, disinterestedness and bene- 
volence of heart ought to shine in a Superlative degree. 

Your MemoriaUst thinks it due to himself to say, that he is 
not impelled to this complaint from a desire to oppose the 
Servants of His Majesty, or from a vindictive spirit of revenge, 
for, although through life no one has possessed a warmer or a 
better spirit of loyalty, or a more forgiving disposition towards 
those who have injured or insulted him ; yet he owes it to his 

xvii. o 


194 Records of the Cape Colony, 

own rank in Society, to call from your Lordships for justice 
on Mr. Blair, who has thus trampled on all the decencies of 
life : and he does this more confidently, knowing that you are 
most able and most willing to screen Gentlemen from the 
insolence of Office. 

And he sincerely assures your Lordships, that whatever may 
be your decision, with that decision he will rest most perfectly 

Wherefore he prays that your Lordships will be pleased to 
cause an enquiry to be made into the conduct of the Collector 
of Customs towards him, and judge thereon, as you may 
deem meet. 

And he will ever pray &c. 

(Signed) Lancelot Cooke. 

Advocate Cloete then observed, that this, perhaps, was the 
most e?[traordinary prosecution ever instituted before this or 
any other Court of Justice, as might be gathered from the 
circumstances of the case, which are briefiy these : — 

It appeared that the real prosecutor in this case, Mr. Blair, 
Collector of Customs, wished to take from the defendant a 
cook whom he had hired for some years from Mr. Samuel 
Murray deceased ; and which Cook the Collector of Customs 
had, immediately after the decease of the said S. Murray, 
promised to one of his friends. The cook, being unwilling to 
leave the service of the defendant, refused for some time to go, 
and the defendant called on Mr. Blair to explain the cause of 
the delay, when he was grossly insulted by him, and therefore 
lodged his complaint with the Government and the Fiscal. 
Some weeks elapsed, during which Mr. Blair refused to make 
that atonement to which the defendant was entitled ; and at 
the same time no steps were taken by the Fiscal to give the 
defendant that public reparation for the injury he had suffered 
which he had a right to expect from an equal and impartial 
administration of the laws. During this interval several 
persons communicated to the defendant many improper acts 
on w© part of the Collector of Customs, which the defendant 
concaved it a duty to himself, to the pubKc, and to the indivi- 
duals \ who had suffered in consequence of the Collector's 
treatment, to bring these circumstances to the cognizance of 

Records of the Cape Colony. 195 

his superiors, by a petition addressed to them, drawn up by a 
notary public admitted by the Government of this country, 
whom he had requested to forward this petition through the 
usual official channel, by means of His Excellency the Governor, 
to enable the latter to forward the same to the Lords Commis- 
sioners of His Majesty's Treasury, accompanied by such 
remarks as to His Excellency should seem meet. Shortly 
afterwards, when the defendant applied for a passport to 
leave this Colony for the purpose of settling his affairs in 
England, he was surprised by a refusal ; and a few days later 
he was informed that he would be prosecuted criminally before 
the Court of Justice ; which prosecution actually commenced 
on the 16th instant, and was then postponed till the 18th, 
when the defendant pleaded the exception of incompetency 
of the Fiscal now to prosecute. 

Mr. Cloete then said, that in order to enable the Court to 
judge fairly of the nature of the case, he had thought it necessary 
to read the whole of the Memorial, from which only extracts 
were quoted in the Indictment : — " This," said he, " is the 
Memorial transmitted to His Excellency the Governor, in 
order to be forwarded to the Lords Commissioners of the 
Treasury, either with or without the Governor's own remarks : 
— this is that act of public violation of the laws tending to 
disturb the peace, and to give an example to others, which 
might be productive of the most pernicious influence on the 
morals of the inhabitants of this Colony : 

" This is the great offence of the defendant, for which he is 
prosecuted. Now, in order to show to the Court that this 
exception is well founded, I think it necessary to refute the 
objections which the Fiscal made against it on a former day. 
The Fiscal contended, that the conduct of the defendant was 
calculated to produce disorder, to show a bad example to the 
inhabitants of the Colony. If this be sound doctrine, then 
every one commits a crime who retails a small portion of any 
article, the use of which would be detrimental — such as opium, 
laudanum, arsenic, and other poisons. By the same rule, a 
person carrying a dagger for the purpose of defending himself 
when assaulted, may be prosecuted for having attempted to 
disturb the peace, because peaceable inhabitants may be 
terrified at seeing him so armed " : — " Who," said Mr. Cloete, 

o 2 

196 Records of the Cape Colony, 

"does not feel the absurdity of this mode of inferring a 
• crime ? " 

The prosecutor has said, that the Memorial is criminal 
because it bears marks of bad faith and irrelevant matter — 
because the defendant chiefly complains of the insult he 
received from the Collector of Customs. If this be a mark of 
crime, why was the defendant not prosecuted when he lodged 
his complaint with the Fiscal against the Collector of Customs 
for this insult ; as this might also tend to disturb the peace, 
and the respect due to persons high in office. 

In order to show that there is nothing criminal in the 
Memorial, I crave the attention of the Court to it, and beg 
they may be compared with the law. 

The Memorial is not a private writing, but an official instru- 
ment, containing a complaint offered to the defendant by the 
Collector of Customs, and a formal charge of the abuses which 
he is alleged to have committed in his pubKc situation, by the 
disposal and other unlawful conversion of prize slaves : and, 
in addition, the Memorial is addressed to those only who have 
the power to inquire into similar charges. 

It is scarcely necessary to refute the assertion of the pro- 
secutor — that the defendant ought to have applied to him or 
to His Excellency the Governor — since it appears from the very 
correspondence of the deputy Fiscal, produced by His Majesty's 
Fiscal, that the case lay dormant in his office from the 26th of 
November until the 12th January, without any steps being 
taken to bring the defendant to justice, and since the Memorial 
was transmitted to His Excellency the Governor ; — from whom, 
however, the defendant had been led to infer that, as the Col- 
lector of Customs was not appointed by him he was not under 
the control of the Colonial Government, and consequently the 
defendant could only address the Collector's immediate superiors. 
The defendant, therefore, acted properly as to the form. It is 
not yet the time to inquire, whether the charges contained in the 
Memorial are true or false ; the question now at issue is only, 
whether the defendant transgressed the laws by using abusive 
and disrespectful language, or by deviating from the proper and 
regular mode of official information. It will be shown, from 
the act of accusation, that neither the one nor the other took 
place ; for in it the Fiscal states, that the defendant has in his 

Records of the Cape Colony. 197 

Memorial alleged facta which may tend to make the CJollector^ 
of Customs appear criminal, and might expose him to dismissal 
from his situation. This statement, consequently, admits that 
the charges are not false or Ubellous, but that the result of the 
inquiry on these facts may be the Collector's dismissal. Now, 
according to the prosecutor's opinion, if I should happen to 
witness a murder committed by an officer of high rank, and 
inform against him, I should be liable to the same punishment 
which he deserved, because, by bringing the information against 
him, I exposed that officer to the loss, not only of his situation, 
but his life also, should the fact of the murder be inquired into. 
What, I ask the Court, would become of the laws, if similar 
references are not only tolerated, but even lead to a respectable 
inhabitant and merchant of the town being prosecuted on 
such fabulous charges. Without now inquiring whether the 
facts and charges contained in the Memorial can be substan- 
tiated or not, it is only necessary to remark, that the defendant 
has in his favor the legal presumption, that the facts may be 
true ; in addition to this, the defendant has annexed to his 
Memorial the depositions of several persons, confirming some' 
of these facts. Not a word or expression is to be found in 
them, deserving the accusation of scurrility or indecency 
towards those to whom this Memorial is addressed ; and I 
shall therefore next inquire whether it was or was not lawful 
for him to cause this Memorial to be made out, and to sign 
and forward the same ; and whether, consequently, he has not 
just reason to appeal from the decision of the former Court. 

The English laws on this head agree so perfectly with the 
Roman and Dutch laws that either may be referred to. These 
unanimously enact, that it is not lawful for any man to utter, 
write, or pubUsh anything with an intention to injure another's 
character ; doing this renders him liable to a civil action for 
defamation ; and, if accompanied by any act disturbing the 
peace, also to a criminal action. The laws in this respect are 
so distinct and simple, that if they be only not perverted or 
misapplied, there can be no doubt as to their true meaning ; 
and in order to prevent 9,ny such perversion of these laws, 
the following exceptions to the above general rule are expressly 
laid down in the Roman Laws : — First, if any person sign any 
paper with his own name, (for anciently a paper was considered 

198 Records of the Cape Colony, 

•a libel if either no name, or a false name, or signature were 
attached.) And secondly, when any person or magistrate is 
formally charged with acts in which the public is interested, 
and which call for an inquiry, in order that the oflFenders may 
be brought to justice ; — This was law with the Romans, as 
appears from the 18th Law, Digest : lib. 47, tit. 10. The 
same rule is laid down in the 32nd and 33rd Law. Li the 
sect. 32, just now quoted, the manner of seeking redress against 
magistrates of any rank is more amply explained, and therefore 
there is no doubt that a subject is at liberty to lodge his com- 
plaints with those authorities who are competent to inquire 
into and redress them. 

This agrees with the Dutch Law, as mentioned by professor 
Voet in his Commentaries on Digestorum, under the heads 
* Libels,' No. 9 ; and also by Hugo Orotius on Dutch Juris- 
prudence, book 3, chap. 36, part 2, in the following words : — 
" To an action for defamation or libel, are liable, all those who 
either speak or write, in the presence or absence of another, in 
secret or publicly, anything by which his honour is injured, 
although it be true, excepting however, the mention of it to the 
proper authorities, in order to bring the oflFender to justice." 

This we find more fully laid down by Groenewegey in his 
treatise ' Re Lege abrog. in sect. 18 D ; and sect. 1, Codicis de 

There is consequently no doubt that the defendant has done 
what, according to the Roman and Dutch laws, he had a right 
to do ; and the more so, since the prosecutor admits that the 
facts and charges contained in the Memorial are of such a nature 
that the public is thereby interested and concerned, and that 
therefore an inquiry into the same is of the greatest importance 
to Government and the administration of justice, because 
otherwise, that Memorial could not have the eflFect of exposing 
the Collector of Customs to be dismissed from his situation, 
and yet this is the inference of the prosecutor himself, and 
contrary to those laws the defendant is prosecuted, whilst the 
Collector of Customs, against whom these charges are officially 
preferred, exultingly continues in the enjoyment of his uncon- 
trolled authority, above the reach of the laws and these accu- 
satioi^. Having examined the Roman and Dutch laws, it 
will scarcely be necessary to refer to the laws of England, — 

Records of the Cape Colony, 199 

laws which, more than any others, have secured the liberty of 
the subject ; it will therefore be sufficient to refer to the Com- 
mentaries of the learned judge Blackstone, book 1, page 143, 
where it is laid down : — 

" 4. If there should happen any uncommon injury, or 
infringement of the rights before-mentioned, which the ordinary 
coiu*se of law is too defective to reach, there still remains a 
fourth subordinate right, appertaining to every individual, 
namely, the right of petitioning the king, or either house of 
parHament, for the redress of grievances. '^^ — ^And it is declared, 
by the statute 1 W. and M., st. 2, C. 2. that the subject has a 
right to petition ; and that all commitments and prosecutions 
for such petitioning are illegal. 

Mr. Chete also quoted the case Astley v. Younge, 2 Burrows 
Rep. p. 811, and Holt's Law of Libel, cap. XI., p. 172, where 
it is severally laid down that no subject can be prosecuted for 
any matters contained in any memorial or petition involving 
the conduct of magistrates or public officers, sent through the 
proper channel, and done bona fide with a view of obtaining 
redress. And should it be necessary to illustrate these 
authorities with further examples, let us simply refer to the 
impeachment of Mr. Warren Hastings, Governor-general in 
India ; and to that of Lord Melville, the intimate and bosom 
friend of Mr. Pitt, prime minister of England. These officers 
were accused by persons, whose motives were self-evident : 
Were these accusers hindered from preferring their charges ? 
Were they even prosecuted, even when,- upon a full inquiry, 
it appeared they were not able to substantiate all the charges 
they had preferred ? 

But why should we travel to remote countries for precedents 
of this nature ; our own Colony presents us with numerous 
instances of the same kind. When, in the year 1780, our 
burghers Van Reenen, Artois, T. Roos, and Heyers, proceeded 
to Europe for the express purpose of exposing the misconduct 
of the greater part of the civil servants of the highest rank, to 
the directors of the Dutch East India Company, were they 
hindered by the then independent Fiscal or by the Governor, 
on the plea, that they were the competent authorities to inquire 
into these complaints ? Were their passports refused ? Was 
the road to obtain redress in a regular manner closed to them ? 

200 Records of the Cape Colony. 

When long before that epoch, the inhabitants complained 
against Governor Van der Stel, were they prosecuted for it, 
according to the principle now alleged, that such modes of 
complaining tend to set a bad example to peaceable and well 
disposed citizens ? If we were to come down to later times, 
we would ask the prosecutor himself, whether he followed the 
present system, when the Secretary of Tulbagh preferred 
charges of a serious nature against Mr. Van der Graaff, the 
Landdrost of that district ; did not those charges in the very 
manner in which they were preferred, betray evident proof of 
the personal animosity, rancour, and bad faith ? Did not this 
same Fiscal then conceive it his duty to investigate these 
charges in a judicial manner ? Was not a criminal prosecution 
first commenced against the Landdrost ; and even afterwards 
when some of the charges were not substantiated, was not the 
accuser acquitted of the charge of Ubel. or calumny ? 

Should the first decree of the Commissioners of the 18th be 
affirmed, the witnesses named by the defendants must be 
examined, as they will prove the truth of every charge preferred 
against the Collector of Customs in the Memorial, and thereby 
acquit the second defendant of every imputation of blame, 
fault, or criminaUty, upon the very merits of the case ; there 
is then no alternative :— If this case ought not to be inquired 
into in the present stage of the complaints, and dismissed a 
limine judiciiy as I humbly contend, the exception on the first 
appeal ought to be admitted, and that decree reversed ; if, 
on the other hand, the defendant must stand on his trial on 
the charges preferred in the indictment, he can only defend 
himself, by having recourse to that evidence which he possesses, 
and which will prove his innocence in the clearest light. 

Advocate CloetCy in conclusion, maintained, that, for the 
reasons above given, the decisions of the Court below, now 
appealed from, should be reversed, and the exception taken 
by the first defendant admitted, with costs. 

The Fiscal, in reply, contended, that the only questions were 
as to the competency of the Court, and the libellous nature of 
the Memorial. 

The Fiscal professed much respect for the laws and commen- 
tators quoted by the defendant's advocate ; but he would, in 
due time, state his grounds, and show the matter charged is 

Records of the Cape Colony. 201 

actually a libel ; — that he is far from intending to screen magis- 
trates, when complaints are made against them. Should the 
defendant prove the truth of what is stated in the Memorial, 
yet he (the Fiscal) should consider it to be a libel. This he 
would show when the proper time arrived ; and he also deemed 
himself aggrieved by the decree of the Court below, imposing a 
restraint on the examination of witnesses. 

Mr. Advocate Brand, who appeared for Mr. Edwards, 
addressed the Court in substance as f dllows : — 

When I consider this case, the defence of which is placed in 
my hands, if I earnestly reflect on the situation in which I am 
placed, I must freely avow that I enter upon it with some 

It is not a case of an individual against an individual, which 
I am now to defend — No ; it is a case of much more importance. 
I see placed before me worthy judges, to whose jurisdiction I, 
as a practitioner, belong ; under whose direct control I am 
placed ; and it is before them that this case must be defended 
— because the defendant was punished for contempt of this 

This consideration alone makes my situation indeed difficult 
and important to me, and I would backwardly proceed to the 
defence of the same, did not this worshipful Court inspire me 
with some confidence. — It was not of my own free choice that 
I took this case into hand, but a decree of the Court which 
ordered me to it — an order which, with the greatest readiness, 
I obeyed ; not alone because I felt myself greatly honored 
therewith, but because I make it my firm duty, always with 
readiness and good will, to obey the commands of my judges. 
Hence I presume, that I may not alone claim your indulgence, 
but also pray that you will excuse any expression which may, 
perhaps, be inconsiderately used in this my defence. 

If we resume the sentence of the Commissioners of the Court, 
bearing date 16th February last, we find that the defendant 
was condemned to immediate imprisonment of one month, for 
his behaviour in Court, and for contemning the authority of 
the Judges. Against this sentence the defendant instantly 
notified an appeal to this Court, and, notwithstanding that 
appeal, the same was immediately caried into execution, 
against the proviso of Art. 131 of the Crown Trial. 

202 Records of tlie Cape Colony. 

Never was it the intention of the defendant to insult the 
Commissioners, or to scorn their authority. On the contrary, 
as well before as afterwards the defendant addressed the Court 
with the greatest respect and reverence. It is with perfect 
security we appeal to the worshipful Commissioners who sat 
at the first instance, to say, whether the defendant, carried 
away by passion in the heat of his defence, while urging his 
grievances, and propounding his arguments, whether, we say, 
the defendant did not instantly collect himself when checked 
by them ? When you corrected him, did he not constantly, 
with the greatest submission and reverence, apologise for his 
behaviour ? And, when he finally observed, that he could not 
master his warmth, did he not then declare, he preferred not 
proceeding in his defence rather than appear not to honor the 
Judges. — That all this did actually take place the Commis- 
sioners wiU not deny. And this being true, where then did 
the defendant insult the Judge ? Where did he contemn his 
authority ? — No ; let us repeat our declaration, that the 
defendant honors and reveres this Worshipful Court. It is 
true, that the defendant, in the heat of his defence, did not spare 
the nominal prosecutor, nor treat him very ceremoniously ; 
but it is also true that he never touched a point in which every 
individual, as the defender of his own right — every practitioner, 
as the defender of widows and orphans — each of you Judges, 
as the maintainors of a strict and impartial trial, must not feel 
the greatest interest. 

When we consider the situation of His Majesty's Fiscal, as 
a prosecutor, and that of the appellant, as a defendant ; when 
we remember what happened between them before the com- 
mencement of the trial ; when we also consider the nature of 
the principal prosecution, and the manner in which it was 
instituted ; then, Worshipful Judges, every upright and un- 
prejudiced Judge will acknowledge, that the behaviour of the 
defendant to the prosecutor is altogether pardonable. 

We see the defendant in the Fiscal's office, with all decency 
and propriety remonstrating with the prosecutor against the 
illegality of the principal prosecution ; we also recall to our 
memories the treatment which the defendant there suflFered ; 
and we then ask whether it is unpardonable in the defendant 
to feel some antipathy towards the prosecutor ? 

Records of the Cape Colony, 203 

This passed. The case was then brought under the 
cognizance of the Commissioners ; — but in what manner ? 
Certainly not according to the Crown Trial, to the forms of 
which surely everyone, whether a magistrate or an individual, 
must submit. — ^No, the Fiscal, on the contrary, departed from 
the Crown Trial, and thereby exposed the defendant to suffer- 
ings from which he would have been free, had the Fiscal adhered 
to the provisions of the Crown Trial. 

The defendant being on the point of his departure to England, 
applied to the Fiscal that his pass might be signed ; — this was 
refused, because the Fiscal meditates a criminal prosecution 
against him. Very naturally the defendant now anxiously 
expected that the intended prosecution should speedily be 
terminated, that he might proceed on his voyage ; — every 
obstacle was, however, thrown in his way. The 33rd Art. of 
the Crown Trial directs, that all criminal prosecutions shall 
begin within eight days after the decree of a personal appear- 
ance has been granted ; and, notwithstanding this positive 
order of the legislature, the prosecutor brought on the case 
four or five days later. 

Can the Court find it unpardonable in the defendant exposing 
his grievances on that point — ^for conduct, becoming a good 
and dutiful citizen ? And is he still to be condemned for a 
warmth which carried him away when he refiected on this 
unequitable, this illegal act ? He who thereby, in so unjusti- 
fiable a manner, was stopped in his departure to England ; he 
who to his great grief saw a case prolonged, which might long 
ago have been brought to a conclusion ? No, Worshipful 
Judges, there is more equity in your bosoms. 

The Fiscal exculpates himself with the excuse, that he com- 
putes the fixed eight days from the day on which he received 
the decree of the Court. But we have only to say, that where 
a special law is plain, and says the eight days shall be com- 
puted from the date on which the decree was passed, the Fiscal 
is not authorized to explain or warp the same to suit his own 

But let us proceed. The 78th Article of the Crown Trial 
directs the prosecutor to summon all the witnesses — both his 
own and those on behalf of the defendants — on the day on 
which the same shall commence. Now, did the Fiscal act 


204 E^cnls ./ r,t C'ljif Colony. 

accordingly ? Not io the kast. This unwairantable, this 
wilful neglect of the fiscal, was intended to vex the 

The prosecator regnlaiiy siunmons his own witnesses on the 
day €A the trial, he enables himself completely to accuse the 
defendant of a crime ; and he deprives that defendant of his 
right of defence. Where, W(»shipfal Judges, did you ever 
hear that the prosecutor should be arrayed with more privileges 
in accusing, than a defendant, in defending his rights ? Cer- 
tainly this is the first example you ever saw before you ! 
This neglect of the prosecutor tended to cross the defendant 
in his defence ; and who we ask with the greatest confidence — 
who could be cool in exposing such grievances to the Judges — 
who would not feel a fire kindle in his breast, when the favors 
and privileges which the special laws of his country granted to 
an accuser are violated by the prosecutor ? Yea, who would 
then punish a defendant for having warmly represented the 
truth, not covered with flattery and inventions, but in its 
nakedness ! this would be a hardship which would bear too 
heavily upon any defendant. 

The Fiscal, to exculpate himself from the wilful neglect, 
states to the Court, that he did not summon the witnesses on 
behalf of the defendant because he prayed the Court to diminish 
the number of his witnesses. We will for a moment consent 
that the prosecutor had a good reason for that prayer : but 
this is ineontrovertibly true, that the prosecutor had no right 
to deviate from the plain and evident words and meaning of 
the law. As long as the Judge did not give his decided opinion, 
so long was it the duty of the prosecutor to obey those laws, 
the maintenance whereof is placed in his hands. 

J/r. Brand then adverted to alterations which had been 
made in the wording of the memorial, and contended that the 
Fiscal was bound by the Crown Trial to adhere strictly, in 
drawing up an indictment, to the wording of any document on 
which he might found a charge. He then said, that having, 
laid before the Court the principal circumstance which had 
taken place previously to 16th ult., he put it to them whether 
there were not enough developed to fill every honest heart with 
indignation. He calculated with some confidence, on the 
exculpation of his client ; because he had onlv exercised the 

JRecords of the Oape Colony, 205 

right which every British subject had to petition the King and 
ParKament, in a legal and constitutional manner : to support 
this he referred to Blackstone, vol. I, chap, i, p. 143, in which 
it is laid down that all prosecutions for such petitioning are 
illegal. He contended, that if all the circumstances attending 
this prosecution were taken into the account, it must appear 
obvious that the object of the prosecutor was to persecute his 
client, who had fearlessly come forward in spite of all menaces, 
to probe the matter to the bottom. The language he had used 
towards the Fiscal might be considered harsh, it was not the 
less deserving ; but from any charge of contemning the Court 
he was wholly free. 

If the defendant had been intemperate, it might be urged in 
extenuation that his provocation was great, and that Kke most 
men, he had not always command over his passions, besides, 
however insulting the language of the defendant to the Fiscal, 
he had always his remedy at law ; and the defendant having 
amply apologised to the Court, ought, Mr. Brand contended, 
to have screened him from such exemplary punishment as was 
inflicted. Mr. Brand cited professor Lusac's Notes on WolflP's 
Institutions, to prove that a man under the influence of a strong 
feeling, like a child, could not control his passions. He con- 
cluded by submitting to the Court that, for the reasons he had 
urged, his cUent was entitled to be discharged from confinement; 
and, if the Fiscal chose, it was open to him to bring an action 
for any injury he might conceive he had sustained. 

The Fiscal replied, that the Court had heard the defendant's 
advocate, Mr. Brand, admit that his client was in the wrong, 
but which he attempted to make good by giving it another 
colour : — ^he (Mr. Brand) said that the defendant, in conse- 
quence of the observations of the Court below, retracted what 
he had said, and apologized for it. He also pretends that the 
defendant had been actuated by a sense of the treatment he 
had received from the Fiscal in his office ; but the Fiscal did 
not offer any provocation to the defendant in his office. It was 
his bounden duty to prosecute the defendant, and he had no 
power to deviate from his duty ; he could therefore not sign 
the certificate, which was the preUminary step to apply for a 
passport to leave the Colony ; and he informed him that the 
reason why he could not sign that certificate was, that the 

206 Eecords of the Cape Colony. 

memorial of Mr. Cooke was handed over to him for prosecution, 
when the defendant, in a loud tone of voice, exclaimed, that 
he should wish to know who intercepted that memorial ; and 
that if the Fiscal had done it he would prosecute him : — that 
he (the Fiscal) had then observed to him that it would be better 
to speak on this subject in the Court. This is the provocation 
so much contended upon by the defendant's advocate, and 
which had induced him to retaliate, instead of making his 
complaint in a proper manner. 

At the next meeting of the Court below, the defendant did 
not admit he was wrong, but repeated what he had said on 
the 1 6th. And what was his conduct on the second hearing, with 
respect even to the Court ? — the Court having observed to him, 
that if he had any charge to prefer against the Fiscal or Mr. 
Blair, he must do it in a regular manner, he replied, — " I am 
aware when and how to seek for justice ; but know better than 
to assail a snake in its own hiding place." The place which 
he alluded to was this Comii-room, and the Court are those 
that conceal the snake. The Fiscal then contended, at some 
length, that he could not agree with the defendant's advocate, 
that he was irregular in bringing forward this prosecution. 
He had, in fact, no option. The Memorial was handed over 
to him, and it was his duty to prosecute. 

The Court, after deUberating for a short time, confirmed the 
sentences appealed from ; and condemned the first defendant, 
Mr. Cooke, in all prior expences ; and fixed the costs on this 
appeal at Fifteen Rixdollars. 

The Fiscal and the defendants severally appealed against the 
determination of the Court, in refusing to go into the examina- 
tion of any witnesses whatever. 

Friday, March 26, 1824. 

The Full Court having, on the 26th February, refused to 
hear witnesses either in support of or against the allegations 
contained in the Memorial which was the subject of the suit ; 
— ^The Fiscal and the defendant severally appealed to the Court 
of Appeals, which, after some lapse of time, rejected the case, 
and referred it back to the Court below to try the merits of the 
alleged libel. 

Records of the Cape Colony, 207 

The decision of the Court of Appeals was read, and the parties 
were informed that the case was to proceed. 

The Fiscal submitted to the Court, that he wished to call 
two witnesses, (Mr. J. H. Whiston and Mr. G. Thompson,) 
whose names did not appear in the list already exhibited, he 
haying only learnt of the publication of the Memorial to them 
on the 26th of February. 

By their evidence he intended to prove that the Memorial 
had been published previously to its transmission to the 
Governor by Mr. Edwards. The defendants having already 
admitted sending the duplicate of the Memorial to His Excel- 
lency was sufficient proof for him of its publication ; but the 
evidence of the two witnesses he had named, although he did 
not deem it of much consequence to establish the fact, would 
serve more fully to substantiate it. 

Mr. Edwards exclaimed — " Another misrepresentation ! I 
am surprized," continued he, " to see the Fiscal recur to his 
former system of mis-stating facts. I deny having ever 
admitted that I sent the Memorial to Lord Charles Somerset. 
When I was interrogated by the Court, I acknowledged no 
more than having sent it to the Lords of the Treasury ; there- 
fore this pretended admission by the Fiscal is false ; and I beg 
the Secretary may enter on the Record that this is my opinion. 
Let the Fiscal, however, bring forward these witnesses — I do 
not object to their examination." 

Advocate Cloete, for Mr. Cooke, called the attention of 
the Court, to the train of informal and illegal proceedings 
which the Fiscal had been guilty of during the whole 
course of this trial ; and said that the present application was 
another striking instance of that disregard to rules and orders 
which substantially secure the ends of justice. The Fiscal is 
aware that by the 38th and 41st Articles of the Crown Trial, 
the names of the whole of the witnesses required during the 
prosecution must be delivered in at the first opening of the trial, 
and that none others may afterwards be allowed, except for 
the most urgent reasons. The Fiscal is aware that both parties 
appealed from the decree of the Court, rejecting the production 
of any witnesses, even of those whom the Fiscal had thought 
necessary, in the first instance, in support of his action. That 
decree stands confirmed by the Full Court, and by that of 

208 Records of the Cape Colony. 

the Court of Appeals ; and, in face of the standing rules of 
the Courts of Law, and of the express decree in this particular 
case, the present application is made. The Fiscal moreover 
admits that he only heard of those witnesses on the 26th of 
February ; they could not, therefore, be of so much conse- 
quence as to tend to support an action that had been brought 
on the 16th of that month, although it appears rather late 
now to think of the necessity, in an action for libel, of proving 
its publication at a stage of the proceedings when final judgment 
is already expected by the parties. But the acknowledgment 
in the prayer of the Fiscal betrays the impossibility of his 
request being attended to — for he admits that these witnesses 
are not strictly wanted by him, while the 41st Article of the 
Crown Trial forbids any being heard, in an after stage of the 
proceedings, except on the most weighty considerations ; and 
should those now named by the Fiscal still be necessary to prove 
any publicity, the defendants would be under the necessity of 
producing others to prove the contrary : — upon these grounds 
he (Mr. Cloete) submitted, that the prayer of the Fiscal should 
be dismissed. 

The Court was then cleared for deliberation, in which it was 
for a considerable time engaged. On our re-admission, we 
found the sentence of the Court to be — That the application 
of the Fiscal was rejected ; on the ground, that during the 
course of this prosecution no new or unforeseen facts had been 
brought forward, which could in any way warrant the intro- 
duction of new witnesses : and decrees all further investigation 
of this case to be at an end. Releases the defendants from 
further personal appearance : and wholly acquits them of the 
charges contained in the indictment. 

Mr. Edmards said — " In one stage of this investigation, 
when I was objecting to the conduct of the Fiscal, your 
Worships told me, that if he had done wrong in prosecuting 
me, or in intercepting the Memorial, I was as much at liberty 
to prosecute him as he to prosecute me. You have now 
declared that this action is groundless : — I would therefore 
ask where is my remedy for all the persecution that has been 
heaped upon me ; — for having been sent to prison ; — ^for having 
been held up as a criminal by the Fiscal ; and for having been 
insulted, by a threat in the indictment, of sufEering corporal 

Records of the Cape Colony. 209 

punishment," — ^when he was interrupted by the Court, who 
said they had now discharged their duties, and if Mr. Edwards 
felt aggrieved, he could apply to any authority he thought fit 
for redress. 

[Office Copy.] 
Letter from Eael Bathxjrst to Lord Chaeles Somerset. 

DowNiNO Street, London, 21th March 1824. 

My Lord, — I consider it desirable to call your Lordship's 
attention to the present state of the arrangements which are 
in progress for preparing proper Individuals to fill up the situa- 
tions which may fall vacant in the Dutch Church at the Cape 
of Good Hope. 

Including the Reverend Doctor Thom, there are, as I under- 
stand, four Clergymen of the Church of Scotland now officiating 
in the Dutch Churches. Two more, the Reverend Messrs. 
Fraser, and Sutherland, are now completing their qualifications 
at some University in Holland ; a Third, Mr. Morgan, will be 
ready to proceed to that Country in the Month of May of the 
ensuing year, and I assume that all three, but certainly the 
two first, will have entered upon their Pastoral functions about 
the commencement of the year 1826. 

Having recently, however, received an application in favor 
of another Clergyman, Mr. Cassey, who would be* ready to 
proceed to Holland immediately, I have thought it desirable 
before I engage his Services to ascertain from your Lordship 
whether the state of the Dutch Church will enable your Lord- 
ship to appoint him to a Clerical situation, and whether it will 
be desirable to hold out encouragement to any additional 
number of Clergymen to proceed to the Cape of Good Hope. 

I have &c. 

(Signed) Bathxjrst. 


210 Beeords of the Cape Colony. 

Xettcr from Mb. J. G. Brink io Mb. Lancelot Ck)OKB. 

Capk Town, March 21th 1824. 

Snt, — I am directed by the Committee appointed by Warrant 
of His Excellency the Governor of the 10th Instant " for the 
purpose of inquiring into and reporting upon certain charges 
preferred by you against Charles Blair Esquire Collector of 
Customs, contained in a Memorial addressed to the Lords 
Commissioners of His Majesty's Treasury," to acquaint you 
that the said Committee will meet in the Committee Room of 
the Court of Justice on Monday next the 29th Instant at 11 
o'clock in the forenoon, at which hour I am further directed 
to request your attendance. I have &c. 

(Signed) J. G. Brink, Secretary. 

[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, 28^ March 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
your Lordship's Dispatch of the 26th of January last enclosing 
additional Usts of appointments which you have conferred on 
various Individuals, and of encreased Salaries which you have 
granted to various Civil Servants of your Lordship's Govern- 
ment ; and I feel myself under the necessity of acquainting 
your Lordship that if any encrease be made in future in the 
Salaries of Civil Servants or any additional appointments made 
without the previous sanction of His Majesty's Government, 
the Commissioners of Colonial Audit will be directed to sur- 
charge such excess of Expenditure. I have &c. 

(Signed) Bathurst. 

Records of the Qape Colony. 211 


Eiciracts from a Letter from LiBtTTBNANT Colonel Scott to 
Lord Charles Somerset. 

Graham's Town, 28^^ March 1824. 

On referring to the Map of the District of Albany a very 
great extent of Country lies open, having only one Military 
Post (Fort Willshire) in front, on a line extending nearly 180 
miles long, and in many parts 50 broad. 

The conclusion of the Caffre War (1819) with the Territory 
then gained (by the Treaty) beyond the Fish River, rendered 
all the former line of posts on that river (with the exception 
of the upper Caffre drift) useless, as they no longer covered 
the front, and they could not in a Military point of view be 
considered as a line of observation. 

The habits of the Caffers are well known to your Lordship, 
their skulking in the woods, and wary manner of approach 
making them alone formidable, from surprizing the object of 
their attacks. Immense numbers may now approach Graham's 
Town unobserved, and the first intimation we can have is their 
presence on the Hills around the Town. 

Patrolling under the present system is of little avail, the 
mountainous nature of the Country with their sides clothed 
with Bush f aciUtates the concealment of these people, to which 
their color materially contributes. Armed parties may and 
have passed close to numbers of them without discovering them. 
.As an instance, I was visiting Fort Beaufort, when some Caffres 
were reported approaching the Post, I sent out instantly a 
Cavalry Patrole I had brought witii me, and I saw them pass 
within 20 yards of where we had seen the Caffres conceal them- 
selves. As soon as the Cavalry had gone by, they arose and 
proved to be 16 or 17 Caffre Women bringing Caffre Corn to 
barter, whom, after cautioning them of the danger of entering 
the Colony, I sent back to their Kraals. Some Caffre men were 
observed skulking on the top of the distant mountains. 

To repress the incursions of these Savages, which the very 
exposed line of the Country offers the temptation of entering, 
I beg leave to propose to your Lordship to form a new line of 
Posts on the present frontier Boundary, and with the regula- 

p 2 

212 Records of the Cape Colony. 

tions for patrolling, which I beg leave to recommend may be 
adopted, I think I may promise security to the Settler and 
detection to the Marauder, should he then dare to enter the 

My ideas on patroUing are, that the Patroles should move 
from One Post to the next, crossing each other, sleeping at the 
Post they arrive at, and returning the following day. The 
men would thus lay comfortably at night, free from Damps 
and cold, be well refreshed for their return, and all the posts 
at night would be of the required strength, and when any 
extraordinary vigilance was required the patroles might then 
remain out for 3 or 4 days, crossing each other. 

The Hours of starting as well as the Road to be taken should 
vary, that the CaflFres might be always uncertain of these move- 
ments. The duty thus done, with proper attention on the 
part of the OflScers, would ensure in a little while tranquillity 
to the Settlers, and strike such Terror into our savage neigh- 
bours that they would be afraid to enter the Colony, and Cattle 
Stealing and murders would I should conceive soon cease 

Letter from Mr. Lancelot Cookb to Mr. J. G. Brink. 

Cape Town, 28^^ March 1824. 

Sir, — In answer to your letter of yesterday's date, I beg to 
acquaint you for the information of the Gentlemen composing 
the Committee appointed by His Excellency the Governor, 
that I should always feel most happy to attend upon any of 
them individually or collectively ; but if my attendance 
to-morrow is intended to obtain from me any information 
respecting the mal-practices committed by Mr. Blair in the 
distribution and charge of prize negroes committed to his care, 
I must beg leave most decidedly to object entering upon these 
informations, unless I have the certainty that the examination 
of the witnesses which I should produce will be carried on in a 
manner likely to promote the ends of Substantial Justice, by 
allowing me the aid of such Counsel as I might require, and 

Records of the Cape Colony. 213 

subjecting the Witnesses to cross-examination ; as the Gentle- 
men of this Committee must be well aware of the diflSiculties I 
shall have to contend with to elicit the truth from persons 
unwilling and partly interested in withholding these mal- 
practices. I have &c. 

(Signed) Lancelot Cooke. 

[Office Copy.] 
Letter from Earl Bathxjrst to Lord Charles Somerset. 

Downing Stbeet, London, 29th March 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
your Lordship's dispatch of the 18th October last enclosing, 
in pursuance of my instruction of the 3Ist of March last a 
Statement of an Account between the Commissariat Depart- 
ment and Mr. Thomas Wilson's party, together with copies of 
a correspondence relative to that Individual ; and as I notice 
among these papers an appUcation which has recently been 
addressed to your Lordship by Mr. Wilson requiring that the 
Title deeds of the grants amounting to ten thousand acres of 
land, upon which his party were located in the district of 
Albany, should be forwarded to him in London, I consider it 
necessary to transmit for your Lordship's information copies 
of the correspondence which has passed between him and this 
department upon that particular point. 

Your Lordship will remark that Mr. Wilson has claimed 
these Grants upon the ground that the Reverend Mr. Boardman 
has been acting as his Agent, during his absence from the Settle- 
ment, and that consequently his non-residence cannot warrant 
their forfeiture ; your Lordship will also observe that Mr. 
Wilson has been informed in answer to this application, that 
the lands in question would not be resumed by the Crown, 
provided that he should prove to the satisfaction of your 
Lordship's Government that the Reverend Mr. Boardman has 
in reaUty acted in the capacity of Mr. Wilson's Agent. 

Upon the principle thus laid down, your Lordship will 
therefore be guided in deciding on Mr. Wilson's Claim ; But 
as it appears by tjie documents which accompanied your 


214 Becords of the Cape Colony. 

Lordship's dispatch that Mr. Wilson merely proceeded to the 
spot assigned for the location of his party, and that after 
having immediately abandoned them he did not return and 
contribute by his personal exertions to promote the establish- 
ment of his party, your Lordship will consider yourself 
authorised to require the most satisfactory proof that the 
Beverend Mr. Boardman has acted as the constituted agent 
of Mr. Wilson ; and before any grant is made out to the latter, 
your Lordship will take care that the int^erests of such 
Individuals belonging to Mr. Wilson's party as have claims 
upon him for lands, be properly secured. I have &c. 

(Signed) Bathuest. 


Report of Messrs. Trttter, Kekewich, and Napier to 
Lord Charles Somerset. 

Cape Town, March 2^th 1824. 

My Lord, — ^May it please your Lordship, We the under- 
written, in obedience to your Lordship's Warrant which bears 
date the 10th instant, commanding us to examine into the 
charges of corruption contained in a certain Memorial of Mr. 
L. Cooke, addressed to the Right Honorable the Lords of the 
Treasury, relative to the conduct of Charles Blair Esquire 
Collector of His Majesty's Customs in this Port, in the distri- 
bution of Prize Negro Apprentices, and to report to your 
Lordship distinctly thereon, beg leave to lay before your Lord- 
ship the proceedings hereimto annexed, and respectfully report 
to your Lordship : 

That Mr. L. Cooke was by Letter bearing date the 27th 
instant requested to attend before us, to which Letter we this 
day received an answer dated 28th instant, in which Mr. 
Cooke decidedly objected to give any information, or to bring 
forward any Witnesses to corroborate the charges of mal- 
Practices alledged to have been committed by Mr. Blair in the 
distribution and charge of Prize Negroes committed to his care, 
unless he (Mr. Cooke) were allowed the aid of such Counsel as 

Records of the Cape Colony, 215 

he might require, and also the power of cross-examining the 
Witnesses, as will more fully appear by reference to annexure 
G. That having assembled on the day following (this 29th 
instant) Mr. L. Cooke appeared personally before us, and being 
apprized that he would now have an opportunity of establishing 
the Charges of Corruption contained in his Memorial against 
Mr. Blair, refused so to do, or to offer any proof of said charges 
on the ground that many of his witnesses were unwilling to 
come forward and speak the Truth, and that his letter (G) 
already contained his determination. That we could not 
assent to the conditions required in his said letter, as being 
contrary to the usage and practice of Courts of Inquiry, which 
do not sit in judgement, and also because His Majesty's Fiscal 
would become the ex officio prosecutor in case it should appear 
necessary to His Excellency to order a Criminal Prosecution 
against Mr. Blair. That Mr. L. Cooke then withdrew, and that 
thus circumstanced we are deprived of the means of strictly 
examining and inquiring into, or of recording in our Proceedings 
any conclusive opinion respecting the several Acts of corruption 
of which Mr* Blair stands accused in the Memorial of Mr. L. 
Cooke to the Right Honorable the Lords of the Treasury. 
All which is humbly submitted. 

(Signed) J. A. Trijtbr^ 
G. Kekbwich, 
M. Napieb. 

Letter from Mr. J. Ingram to the Fiscal Denyssbn. ' 

ZoNNB Bloem, 29^ March 1824. 

Sm, — In answer to your respected favor of this date I have 
in reply to state, the lOth Article of my Agreement was by 
desire of several of those persons suggested to me as the best 
mode for bettering their condition and as compensation to me 
for the value of their services (which were exclusively mine), 
being under great responsibility to Government that they 
should not become a burthen to the Government of this Colony,^ 
and as a proof of the advantages the people derived from it. 

216 BeoorcBi of the Cape Cdony. 

two hundred and fifty of them have ah-eady availed themselves 
of it, which however hiua not been confined to the first month 
of their arrival, but has been acted on to this moment, with 
this difference, the first month they were not obliged to work 
for me, though fed and lodged by me, and to compensate me 
for the clothing, necessaries, maintenance of the sick, which I 
regret to say has been very numerous, and deaths, &;c., &c., 
I was obliged to expend a considerable sum above^that granted 
to me by Government, and I conceive the ratio of 300 R. D. for 
a Man, 200 B. D. for a woman, 150 B. D. for a child, but a fair 
compensation for the expenses, anxiety, and heavy responsi- 
bility I am under, when I am aware Mr. Moodie and several 
others charged 7 and 800 B. D. to individuals for their freedom. 
On this or any other subject or circumstance connected with 
my people I shall at all times feel pleasure in giving you and 
H.M. Grovernment every information in the power of Sir, 
your &o. 

(Signed) J. Ingram. 

[Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, 30^^ March 1824. 

My Lord, — I have recently received a Memorial addressed 
to His Majesty by Thomas Dyball praying to be relieved from 
the penalty which he states that he has incurred by the non- 
performance of a Contract entered into with your Lordship's 
Government : and as I perceive nothing in the case of this 
Individual as represented by him which would authorise me 
in recommending to his Majesty to exempt his claim from the 
ordinary test of Law, I have suggested to him to reserve for 
the consideration of the Colonial Tribunals such grounds as he 
might have to oflEer in his defence, more particularly as it will 
hereafter be open to him to appeal in a regular manner to His 
Majesty in Council from the eventual decision of the Courts. 

I have &c. 

(Signed) Bathurst. 

Records of the Cape Colony, 217 

[Office Copy.] 
LeUet from Eabl Bathubst to Lobd Charles Somerset. 

Downing Street, London, ^lat March 1824. 

My Lord, — ^My instruction of the 9th of March 1822 required 
your Lordship to transmit to me annually for His Majesty's 
information certain Returns according to printed directions 
inclosed in that instruction ; and I had the honor to signify 
to your Lordship His Majesty's Commands to the same effect 
in the month of April of last year. 

On the 6th of September following I received from your 
Lordship a series of those returns for the year 1821, and 
these are the only documents of that nature which have as 
yet reached me. 

Under these circumstances, I am under the necessity of 
renewing to your Lordship His Majesty's Commands signified 
to you in my instruction of the 9th of March 1822, and of 
desiring that your Lordship will lose no time in transmitting 
to me a complete series of the Returns in question for the years 
1822 and 1823, according to the directions contained in the 
accompanying printed books which you will take care to return 
to my Office in the same state of arrangement in which you 
will receive them. I have &c. 

(Signed) Bathurst. 


Statement of Major Somerset to the Commissioners of 


March 1824. 

I consider the best and only measure to be adopted for the 
defence of the Frontier, is that of constant patroles of Cavalry 
and continually beating the Bush with Infantry. For this 
purpose I have placed a strong detachment of Cape Infantry 
under an experienced officer at KaSer's Drift, and another at 
Hermanns Kraal, and it is my intention immediately to place 
a post in the centre, between Hermanns Kraal and Kafiers 

218 Records of the Cape Colony. 

Drift, these Detachments have constant Patroles beating the 
Bush day and night without intermission. 

The Patroles of Cavahy should be out at all times, patroling 
on both banks of the Fish River, the Cavalry not on Patrole 
should remain at Head Quarters, to enable them to be kept in 
the most efficient state, under the immediate eye of the com- 
manding officer, ready to reKeve the Patroles that may be out, 
one Patrole should go out as the other comes in. 

I object to Posts of Cavalry being placed in advance of the 
Fish River, they would be useless, imless there were Four Posts 
of One Hundred and fifty men each ; the numerous casualties 
that daily occur, such as men employed as Officers' Servants, 
Servants to the Mess, Sick, Men employed as Butchers, Bakers, 
would render these Posts, according to our present force very 
inefficient for Patroling, particularly as a force must always 
be retained for the defence of the Post. 

The folly of numerous smaU Posts was sufficiently shewn in 
1818 and 1819, when the Kaffers attacked and destroyed the 
one after the other, no Post being sufficiently strong to assist 
its neighbour. 

If the Patroles are able to trace stolen Cattle into the Kaffer 
Country, they should immediately proceed into Kafferland to 
retake them, provided the strength of the Patrole is not less 
than One Hundred men, if less than that number information 
should be immediately sent to the Commandant of the Frontier, 
who should, without loss of time, send a sufficient force into 
Kafferland, to demand or rather retake the Cattle, as the Kaffers 
on the first intimation of your arrival immediately drive off all 
their Cattle; if they succeed in getting them off, they would rather 
submit to be destroyed than restore them, at least, in any 
quantity. The expediency of at all times retaking the Cattle 
cannot be doubted, but the attempt should never be made under 
One Hundred Men who of course must be Cavalry. The grand 
object to be attained is to have every Soldier employed in the 
front effective, which is only to be done by the plan I now 
pursue of sending my Patroles out with Provisions for four or 
six days, never permitting them to remain Two Nights in the 
same spot. When I desire to keep out a Patrole for a longer 
period, I have only to send provisions to a certain point, and 
inform the Officer Commanding the Patrole, that he wiD find 

Records of the Cape Colony. 219 

provision for his patrole at that spot. It is. also to be observed, 
that provisions can always be obtained by these Patroles, at the 
Posts of KaflEers Drift, Hermanns Kxaal and Fort WUlshire. 

Were the Kaffers again to infest the Fish River Bush as in 
1819, I should break up all the Posts of every description, and 
establish moveable camps, making the Troops live entirely in 
the Bush. 

I consider it absolutely necessary that there should be the 
same force in reserve at Head Quarters, both of Cavalry and 
Infantry, as are employed Patroling and beating the Bush, 
the labor and fatigue of this service is excessive, the constant 
exposure to the Scorching Sun during the day and to the cold 
Winds by Night, is very destructive to the health of the Men, 
and it becomes necessary frequently to reUeve the OflScers and 
Men employed on this arduous Duty. Experience has shewn 
that no Troops are so adapted for this service as the Cape 
Cavalry and Cape Infantry. I would therefore propose that 
the Troops of Cavalry should be of the following strength, viz. 
75 Privates in each Troop, 65 mounted and 10 dismounted, 
allowing that number for Officers' Servants and casualties. 

The Companies of Infantry should consist of 75 men each, 
allowing 10 men for Officers' Servants and casualties. Each 
Company of Infantry should have 30 Grood Horses attached to 
it. It is of the utmost importance that a number of horses 
should be at each Post, to enable the Officer commanding there 
to mount a force on any alarm of Kaffers ; by this means he 
is enabled to come on the Trace of them with Dispatch, and 
he may quickly assist, if necessary, the Infantry he may have 
out beating the Bush : half of the Infantry at each post are 
ordered to be at all times in the Bush. 

The Infantry Horses should receive a Ration of 6 lbs. of corn 
each per day, and run at grass during the day in the neigh- 
bourhood of the Post. Sheds should be erected at each Post 
for these Horses, to stand in, at night. I particularly recom- 
mend that 30 horses should be attached to each Company of 
the Cape Infantry for the purpose above alluded to, unless the 
whole were made Cavalry, which might be a better expedient. 

I consider that the Commandant on the Frontier should not 
be bound to estabUsh any particular line of Posts, but the 
Orders for Beating the Bush should be strictly enforced, and 

220 JRecards of the Cape Colony. 

if the Commandant is active, the Frontier will be but Uttle 
annoyed with Kaffers. 

The Military Force employed in 1818 and 1819 was about 
1700 men, besides upwards of 2000 Burghers ; the present 
Force is barely 700 eflEective men. The Country was never 
more quiet than at the present moment. 

It is almost needless to point out the advantage both to 
Officers and men, of keeping the reserve at Head Quarters, 
particularly as it enables Messes to be established ; nothing 
is more fatal to a Regiment than the miserable habits both 
men and officers get into when detached as Out Posts, or in 
the Bush, but when brought into Head Quarters they become 
immediately restored to a state of Discipline, comfort and 

A true Copy of Major Somerset's Statement made in March 

(Signed) John Gregory. 

[South African Journal.] 

The present State and Prospects of the English Emigrants in 

South Africa. 

In our first Number we purposely avoided entering into any 
minute detail, or offering any decided opinion respecting the 
condition of the British Emigrants. Our reserve on a topic 
of such urgent interest, did not proceed from any indifference, 
assuredly, to the fate of our Countrymen, but from a deter- 
mination to avoid all appearance of attempting to influence 
public opinion upon a subject imder the immediate cognizance 
of His Majesty's Commissioners of Inquiry. This cause for 
our silence has now ceased. The Commissioners have closed 
their investigations at Graham's Town, and the Settlers, it 
may be presumed, have fully made known to them their present 
condition, and their future views and wishes. The public have 
now a right to know something of the matter ; and it becomes 
our duty, as journalists, to discuss the subject candidly and 
deliberately, upon general grounds ; and to afford whatever 
aid we can, to make it perfectly understood, before any new 

Records of the Cape Colony. 221 

arrangements are undertaken, either by the Government or 
by the Settlers themselves. 

The real condition of the Settlers, has been a matter of 
considerable discussion in this Colony ; not, we apprehend, 
because there can exist any essential difference of opinion in 
regard to it, but because of the inaptitude of most people to. 
take comprehensive views, even of matters they have actually 
witnessed, and thereby misleading others, by talking in general 
terms, when they have only in their Qye one particular class, 
or a few pecuUar cases either of extreme calamity or of extra- 
ordinary success. — ^We think these causes of misapprehensipn 
may be easily avoided, and shall first speak of those Settlers 
who still remain on their Lands. 

This class is now extremely reduced in numbers, the whole 
probably not exceeding a fourth part of those originally 
located. They consist principally of the heads of parties or 
divisions, and other persons who brought out some property, 
more or less, which they have expended in imavailing endea- 
vours to estabUsh themselves as farmers on their respective 

Having reaped Jittle or no return from the land they have 
cultivated for four successive seasons, and having been robbed 
by the Caffres of a considerable portion of the Cattle they had 
by great exertion collected, they are now, for the most part 
in a state of extreme poverty. Most of them have expended 
their whole resources, and are entirely destitute of the means 
of re-estabUshing themselves, even supposing the Bust and 
the Caffres were finally repressed. Their locations are in- 
sufficient in extent, often ill selected, and mortgaged besides 
for the price of the stores and provisions supphed by Govern- 
ment, to an amount frequently exceeding the intrinsic value 
of the property. Their industry has failed ; their indepen- 
dence is destroyed ; their hopes are disappointed ; their spirits 
are flagging ; and they are fast sinking into a state of degra- 
dation, indolence, destitution, and despair. Such do we 
consider to be the general condition of the Settlers who still 
remain on their allotments, and who depend upon the soil 
alone for their support. There are doubtless exceptions and 
distinguished ones, but these are sufficiently known in this 
Colony, and do not interfere with our general description. 


222 Records of the Cape Colony. 

The Emigrants who have abandoned their locations, consist 
of all ranks and classes, but more especially of Mechanics and 
Labourers. These, in general, have escaped the severe distress 
of their Countrymen in Albany. The Mechanics have resorted 
in great numbers to Cape Town, and to the principal Towns 
and Villages throughout the Colony ; and, having found good 
encouragement wherever they proved steady and industrious, 
they may be considered as having on the whole improved their 
condition and prospects by the Emigration. The Laborers 
who are working for hire, either in the Villages or among the 
Dutch Farmers, are also receiving high wages, so that both 
these classes are in a much more prosperous state than their 
Countrymen in the Zuureveld, are a valuable accession to the 
Colony, and are rising upwards in the scale of Society, whilst 
their former Masters are fast sinking to the bottom. 

Besides the Mechanics and Laborers, &c. a few others of a 
superior class have found means, by various occupations, of 
gaining a livelihood. And some, who still cling to their 
locations, make a shift by having timber for sale, conveying 
goods to the shopkeepers of Graham's Town from Port Eliza- 
beth and the Kowie in their waggons, and by other precarious 
occupations, to supply their families with the means of sub- 
sistence. But the original scheme of settling the Zuureveld 
has failed; and all who remain on their lands, are either 
already reduced to great misery, or retrograding daily ; and, 
unless some speedy and effectual remedy is applied, the whole 
wiU be involved in total and irretrievably ruin, and the Colony 
entirely lose the benefit of the care and the capital that have 
been expended on this ill planned and iU conducted enterprise. 

The importance of the objects aimed at by this Emigration, 
ought not to be undervalued or lost sight of. The most obvious 
of these were the engrafting of a British upon the Dutch popu- 
lation of this Colony, and the estabUshment of a steady barrier 
against the incursions of the Caffers. This latter effect was 
anticipated from a population agricultural and mechanical 
rather than pastoral, and imaffected by the hereditary 
animosity prevailing between the Caffers and the Frontier 
Boors. Had this first settlement proved successful, it would, 
moreover, have been merely the advanced wave of a flood of 
Emigrants, who were prepared to pour themselves into the 

Records of the Cape Colony, 223 

Colony ; but who, by its faUure, have been diverted to other 
Countries. The advantages arising to the Cape from a steady 
influx of British Settlers, would have been immense. The 
free spirit which EngUshmen inhale with their earUest senti- 
ments, would havQ accompanied them, and diffused itself 
by degrees through the more apathetical and lucre loving 
Dutch, until it had leavened the whole mass, and communi- 
cated a public spirit, such as Britain is proud to acknow- 
ledge in all her legitimate offspring. The intimate connection 
between the Emigrants and their Mother Country, would 
have excited a more lively attention in England towards the 
Colony, and a more watchful regard in her Government to 
its interests. The EngUsh habits and more numerous wants 
of the Settlers would have been gradually communicated to the 
rest of the Inhabitants, and would have estabhshed a far more 
considerable and constant demand for EngHsh produce. The 
continual influx of free labourers would have compensated the 
Colony for the diminishing value of Slave labour, and have 
speedily rid us of that abomination, without expense, injustice, 
or danger ; whilst the enterprise and activity of the British 
Emigrants would have diffused themselves throughout the 
whole of our Colonial population, continually discovering new 
articles of produce, more profitable branches of industry, new 
channels of commerce, new resources against natural evils, and 
better remedies for artificial ones. 

To enable the public to form some estimate of the amount 
of the claims which the Settlers have in equity, on the good 
faith or liberality of Government, as well as to throw out some 
hints to guide the course of future emigrations, it is not 
unimportant to inquire what would probably now have been 
the circumstances of the settlers if they had been left to follow 
their own plans, or the natural course of circumstances, when 
they were landed in the Colony. 

If no projector had been allowed to interfere, — if the £60,000 
voted by Parliament had been employed, as seems to have 
been the original intention of His Majesty's Ministers, merely 
in defraying the expense of the passages of the emigrants, — 
if the Colonial Government had placed them at once in every 
respect on a footing with the other inhabitants of the colony, 
there cannot be the least ground for doubt, that, instead of 

224 Records of the Cape Colony. 

becoming by their failure a beacon to deter others from ap- 
proaching our shores, their success would have encouraged 
many thousands to follow them long ere this, without expense 
to the mother country and with great advantage to themselves 
and to the colony. For it should be here remarked that not- 
withstanding the failure of our crops, there has been hitherto 
no perceptible diminution in the rate of wages or in the demand 
for labor. K they had met witti the encouragements usually 
given to agriculturists here, the heads of parties, and everyone 
who possessed means in any shape to the extent of two or three 
hundred pounds, or even less, would have obtained grants of 
four to six thousand acres of land. If their capitals were too 
limited for the cultivation of their grants to advantage, they 
would have been entitled, along with the other colonists, to a 
proportion of the loans from the Bank, to the amount of 
one-half of the estimated value of their grants. These mort- 
gages would have rendered their lands saleable ; and such as 
found their want of experience, or other circumstances operating 
against their prosperity, would have been enabled to employ 
their capital in occupations more conducive to their own 
interests, and of course to those of the community. 

A great majority of the settlers, who were not possessed of 
capital sufficient to entitle to larger grants than 100 acres, untU 
they relinquished the prejudices they had acquired in England 
regarding the value of lands in the colonies, in comparison 
with other descriptions of property, would most likely have 
turned their attention to agriculture, and have settled in the 
Zuureveld. And if the sums deposited by them as security 
for their embarkation, and their eventual settlement in the 
colony or in that district, had been returned to them as stipu- 
lated, to employ as they chose themselves, instead of being 
retained without their consent to be injudiciously expended on 
their account by Government, — if a more efficient system of 
defence had been constantly maintained to secure them from 
the incessant harassment and ruinous depredations of the 
Caflfres, — and particularly if the local magistrates had been 
from the beginning men of popular talents and experience in 
civil affairs, instead of a succession of persons accustomed only 
to despotic rule, — and if their grants had been extended 
gradually as their means encreased, many of them would have 

Records of the Cape Colony, 225 

succeeded in spite of rust, droughts, and deluges, as graziers, 
— and others as cultivators of green forage, and vegetables 
for the supply of Graham's Town and the frontier posts, — 
provided the military had been prohibited from competing 
with them at all or on unequal terms. But as it was, it was 
impossible that they could prosper ; and it will be foimd that 
there is not one exception to the failure of those who adhered 
closely to the means pointed out by Government. If there 
are a few still who are not entirely ruined, they owe it to their 
more extensive resources. All have retrograded. 

The mechanics were the first to perceive the contrast between 
the low profits derived from agricultural employments and the 
enormous wages offered in every part of the colony for 
mechanical labor. They found means to break through their 
engagements to their employers, relinquished their claim for 
lands, and resorted to the towns. The labourers soon followed 
them ; and it may be said that few now remain but such as 
are involved in debt which they see no means of extricating 
themselves from, or have sunk capital in their lands, which 
they are loth to sacrifice entirely, or to forfeit those claims on 
the consideration of Government, which their having persevered 
so long in the prosecution of its views, entitles them to. 

To ascertain how far it is probable, that part of the settlers 
who possessed capital to entitle them to grants of the usual 
extent, as well as the more successful of the settlers in the 
Zuureveld, might have succeeded under a different system, it 
is necessary to inquire into the circumstances of the inhabitants 
of the different parts of the colony in which they would settle ; 
as it must be clear that without entire change of system, they 
could not be expected to compete on equal terms with the old 
colonists, who had been reared under the accumulated dis- 
advantages of the system which is estabUshed. 

The occupiers of lands at the Cape are all weighed down 
either by taxes and restrictive regulations, or the want of 
demand for their produce, caused in a great measure by the 
latter. But as these evils press in different degrees on the 
different classes of agriculturists, it is necessary to say some- 
thing of each of these separately. There are a few observations, 
however, that are more or less applicable to the whole. 

Ist.-^In regard to slave-labour : — although a particular 

xvn. Q 


226 Records of the Cape Colony. 

slave, from some superior qualification, may be productive to 
Ms owner ; (and it is impossible, so long as free servants are 
scarce, and consequently little under the controul of their 
employers, to carry on any agricultural establishment to 
advantage, without vesting a capital in that description of 
labour ;) yet, it is an unquestionable fact, that the colonists 
are suffering more or less in proportion as they are possessed 
of slaves, — or, in other words, are receiving a smaller return 
from their capital, than if it was otherwise invested. And 
there are few slave owners beyond the lines which surround 
Cape Town, who, after estimating the cost of their agricultural 
property, can say that they receive an adequate return from 
their capital. 2dly., Hottentot labour is, generally speaking, 
hired at a rate much below its real comparative value, a con- 
sequence of the very injurious restrictions which that race have 
to contend with. This circumstance, along with the higher 
rate of profit derived from the breeding of stock, accounts for 
the superior success of the graziers, in spite of a limited market, 
the useless and oppressive restrictions on the internal commerce 
of the Colony, and the monopolizing regulations of the Burgher 

The Wine Growers have, either belonging to themselves, or * 
upon loan, large capitals, sunk in slaves, buildings, vineyards, 
fustage, cattle, and pasture lands ; and are consequently 
enabled to live at a rate which might be considered by a 
stranger, who does not perceive their economy, to be extrava- 
gant. But if a very few, who have peculiar advantages, or 
make a superior description of wine, are excepted, they do not 
receive the average rate of profit on their capital, nor anything 
like it. Their early habits, and the impossibility of finding 
purchasers, are the principal causes of their perseverance, at 
the present low prices of their produce. They can, by means 
of a very large capital, pay their taxes and live, but that is all. 
If they do not encroach on their capital, it is only owing to an 
economy, and an attention to petty gains, which no English 
family, with half their means, would pretend for a moment to 
cope with them in. 

The profits of the Com Farmers, within a moderate distance 
of the Cape market, are probably somewhat higher ; but the 
difference cannot be great, as there is nothing of moment. 

Records of the Cape Colony. 227 

except the transfer duty, (which to be sure is a serious obstacle 
in itself,) to prevent the flux and reflux of capital between 
these two employments. 

The Stock Farmers on the Frontier, having acquired few 
wants, and consequently being less exposed to indirect taxation, 
and having almost an unlimited range of pasturage, are accu- 
mulating capital rapidly, wherever they are able to protect 
themselves from the depredations of the Bushmen and Caffers. 

The inhabitants of the middle districts, prevented by the 
distance from the Cape market, and the prohibition of direct 
exportation from the ports nearest to them, from turning their 
attention to the production of grain, — depend either on the 
sale of their produce, of their cattle, or on their labour, and 
that of their Slaves arid Hottentots, in cutting wood, tapping 
aloes, &c., for sale at Cape Town, — or in supplying the Stock 
Farmers with waggons, wine, spirits, fruits, and imported 
articles ; and many of them therefore may be more properly 
designated as carriers than Farmers. Their pursuits are the 
most varied and least open to competition of any other, and 
indeed, under the existing system, it seems impossible that an 
Englishman can cope on a footing of equality with any of the 
classes that have been mentioned. 

The want of a sufficient return from a small capital — his 
aversion to slaves — his want of the habits necessary for 
managing Slave or Hottentot labour with advantage — his 
dislike to the solitary independence of the Cattle Farmer — the 
want of a sufficient stimulus to exertion — ^his inexperience and 
want of skill in some instances, and his want of the rigid 
economy of his neighbours in all, would expose him to imposi- 
tions and oppose obstacles to his prosperity on every side ; 
nor does it appear that he could have had any reasonable 
prospect of competing on equal terms with the other Colonists, 
unless by the abolition of many of the restrictions and burdens 
of the Dutch system he had been enabled to introduce the 
more favourable one to which he had been accustomed from 
his youth. 

The very peculiar state of society existing at the Cape, has 
been produced by the unnatural and injurious restrictions of 
the monopolizing system of the Dutch East India Company. 
Population in the interior has outrun the accumulation of 

Q 2 

228 nccords of the Cape Colony. 

capital, and has pushed itself out beyond its means : and an 
almost total want of the capital employed between the producer, 
and the consumer, and exporter, have rendered agricultural 
pursuits more complicated and expensive. It is probable that 
if the Settlers had been left to themselves under such circum- 
stances, that beyond the value of the grants which it is 
presumed they would have received from Grovemment, and 
the labour they would by this time have fixed in buildings, &c. 
they would not have improved their circumstances ; but they 
would still have had their lands, would have been free from 
debt, and prepared now to take advantage of such beneficial 
changes as may take place in the prospects of their fellow 

Had that part of the emigration which would naturally have 
been induced to settle in Albany, been allowed to follow more 
freely its natural course, a number of small towns or villages 
would have probably arisen in convenient situations, from the 
tendency of men to crowd together for their common advantage 
and mutual support. A beneficial division of labour would 
have continued to exist, in place of every man becoming his own 
mason, carpenter, millwright, tanner, gardener, waggon-driver, 
&c. — as has long been the case among the Frontier Boors, and 
is now becoming the case among the Settlers. The mechanics 
would have resorted to the towns ; the husbandmen to the 
Country. The lands adjoining to the villages would have been 
cultivated as gardens, orchards, and cornfields, — the more 
distant or inaccessible would have been occupied chiefiy as 
pasture farms. These towns would have thus formed each a 
nucleus of local trade — a depot of labour, implements, and other 
necessaries, which would have been supplied by the inhabitants 
for the provisions brought in by the farmers. They would also 
have furnished temporary accommodation to fresh emigrants ; 
while in the meantime an experienced class of back settlers 
would have arisen from among the more adventurous, who, 
resigning their improvement for the premiums offered by new 
comers, would have pioneered the march of civilization, by 
settling the more distant lands ; as is the case in America, and 
also, to- a certain extent, among the Dutch Colonists of the 

Had matters fallen into this train, in place of the emigrants 

Records qf the Cape Colony, 229 

being bound like serfs to their locations by absurd regulations, 
(whether originating with the Home or the Colonial Government 
is immaterial,) it is not saying too much to suppose that the 
industrious mechanics and labourers would have accumulated 
considerable' sums by this time, and that many of the others 
would have been in equally favourable circumstances with the 
Boors. For the natural progress of accumulation is more rapid 
than the artificial one in use ; but it would have been essential 
to it that they should, besides the support and encouragement 
of Government, have been left to manage their own affairs in 
their own way. 

We come now to consider the causes of the failure of this 
scheme of emigration, which we conceive will be more readily 
understood from the foregoing desultory, though not irrelevant 
observations. Our object in briefly reviewing those causes, is 
to trace their progress more distinctly than we apprehend has 
yet been done, and to suggest the most natural and efficient 

1. The first and most decided cause of failure, we apprehend, 
is the Population having preceded, instead of having followed 
the influx of Capital. 

2. An arbitrary system of Government, and its natural con- 
sequences, — abuse of power by local functionaries, monopolies, 
restrictions, &c. 

3. The vacillating and inefficient system pursued in regard 
to the Caffers. 

4. The appearance of the rust^ an unprecedented and till 
then almost unknown disease in the wheat crops. 

We think these causes have been placed in their proper order, 
though perhaps not in the order most obvious to superficial 
observers. Capital and free Government are essential to the 
success of colonization. North America, from the possession 
of the latter chiefly, has far outstripped all other European 
Colonies. The Spanish and Portuguese Settlements, and the 
Cape of Good Hope, from the want of both, are yet in their 
infancy. In speaking of the Cape we intend no reflection on 
our existing authorities. They have, no doubt, considered it 
their duty to administer the Government as authorised by 
England, and as it devolved upon them from their predecessors. 
We ascribe neither praise nor blame to any individual, but we 

230 Records of the Cape Colony, 

cannot pass over a cause so influential without stating it frankly 
though not invidiously. 

The constant exposure of the Settlers to Caffer incursions 
was, we conceive, the next cause most ruinous to the Settle- 
ment ; not so much from the actual damage sustained as 
from the continual state of alarm and insecurity in which 
they were placed. The officers and troops on the frontier 
probably did their best ; but, if the system of defence was 
fundamentally an erroneous and inefficient one, as we conceive 
it to have been, their utmost exertions could not have pro- 
tected their unfortunate countrymen. 

The Rust in the crops is the last and most notorious cause 
of failure. Its prevalence for four successive seasons, with 
peculiar virulence in the eastern districts, was very disastrous 
to the settlers, and was the more felt from the greater part of 
their capital being employed, unnecessarily and imprudently 
we think, in the cvJtivation of wheat. 

We shall only add at present, that we conceive our country- 
men in Albany to be generally under considerable misappre- 
hension as to the fundamental causes of their failure, — 
attributing too much influence to the more obvious natural 
defects of the country, and dweUing too keenly perhaps on 
immediate occasions of irritation, while they overlook more 
remote and deep-rooted evils. But the worst of these are not, 
we trust, incapable of being remedied, when once clearly 
understood ; and in our next Number we shall, therefore, 
endeavour to point out the best remedies for the recovery 


Letter from Lord Charles Somerset to Earl Bathurst. 

Cape of Good Hope, Ut April 1824. 

My Lord, — I was yesterday honored with Your Lordship's 
dispatch of the 30th November last, transmitting to me a 
letter which had been addressed to Yoiu* Lordship's Department 
by desire of the Board of Ordnance enclosing a Minute by His 
Gracfe, the Master General on the subject of certain charges 

Records of the Cape Colony. 231 

which it appeared by Major Holloway's communications to 
His Grace were intended to be brought against that Board. 

In reply I have the Honor to state to Your Lordship that 
from the Capture of this Settlement to the present Time the 
Expence of Buildings for the Occupation of Troops, whether 
in the purchase, Erection, or Hire of them has invariably been 
borne by the British Government, those for the Cavalry and 
Infantry by the Military Chest and those for the Artillery by 
the Board of Ordnance. The Buildings for Military purposes 
erected at Graham's Town at the Expence of the Colony are 
solely for the Colonial Corps, the whole Expence of which is 
defrayed from the Colonial funds, and I had hoped that Major 
Holloway's Report would have been sufficiently explanatorj- 
on that Head. No Expence would have been gone into on 
account of the Ordnance without a previous reference to His 
Grace the Master General, had it been practicable to have 
procured any accommodation whatever for the Artillery in the 
mean time, but no means could be found, and the Kaffirs were 
at that time become very daring, and the promptest measures 
for accommodating the Troops were necessitated to ensure 
the public safety. It was calculated also that the Interest of 
the Sum expended would be saved by the discontinuance of 
Lodging Money to the Artillery Officers. 

I have no reason to believe that the charge which the Erection 
of Barracks at Graham's Town will occasion to the Colonial 
Revenues will exceed the Estimate which accompanied Sir R. 
Donkin's Dispatch of the 16th February 1820. I have &c. 

(Signed) Charles Hekey Sombbsbt. 

[Office Copy.] 
LeUer from Eael Bathubst to Lord Chablbs Sombbsbt. 

Downing Street, London, 2nd April 1824. 

My dbab Lobd, — I beg leave to transmit to your Lordship 
a- memorandum which has been put into my hands by the Earl 
of Qancarty with the view of drawing your Lordship's notice 

232 Records of the Cape Colony. 

to the different members of the family of Baron Oudtshoorn 
which is settled at the Cape, and which I have accordingly to 
recommend to your Lordship's favorable consideration. 

I have &c. 

(Signed) Bathubst. 

LeUet from Lobd Charles Somerset to Earl Bathurst. 

Cape of Good Hope, 6^ April 1824. 

My Lord, — I did myself the Honor to address your Lordship 
on the 27th February last with reference, to a Statement pro- 
fessed to have been forwarded to the Lords Commissioners of 
His Majesty's Treasury by Mr. L. Cooke reflecting on the 
conduct of the Collector of Customs at this Port, Charles Blair 
Esquire, relative to the distribution of Prize Negroes. I have 
now the Honor to state that in consequence of a Letter ad- 
dressed to me by Mr. Blair on 9th March last I appointed a 
Committee to assemble for the Investigation of the charges 
insinuated against Mr. Blair, consisting of the Chief Justice 
Sir John Truter, the Judge of the Vice Admiralty Court, 
George Kekewich Esqr., and the Commandant of the Garrison 
of Cape Town, Colonel Napier, an officer of the highest 
respectability of character, and issued my warrant to them 
empowering them to summon and examine upon Oath such 
persons as they considered could throw light upon the subject. 

Your Lordship will perceive by the report of the Committee 
(copy of which I have the Honor to annex together with copies 
of all the Documents relative to the subject) that the man 
whose pen was so unrestrained in its accusations against Mr. 
Blair when addressing Persons 8000 miles distant from the 
possibility of enquiry or Elucidation, refused to give on his 
Oath on the spot, where every Truth could be sifted, any 
Information whatever. 

Having referred to precedents in the issuing of Warrants to 
Committees of Enquiry in this Government, I find one issued 
by my Lord Caledon in 1810, which empowered the Committee 

Records of the Cape Colony, 233 

to commit, in case of refusal to give Evidence when called upon, 
but as I cannot trace any other Authority or any Instruction 
from Home on that subject, I have not ventured to exert sudi 
a Power, altho' Mr. Blair's anxiety to meet the Question has 
been strongly urged. I have &c. 

(Signed) Charles Henry Somerset. 

Letter from Lord Charles Somerset to Earl Bathurst. 

Cape of Good Hope, ^th April 1824. 

My Lord, — Having ascertained that the Statement made 
in a Communication addressed to me by the Collector and 
Comptroller of Customs at Simon's Town (copy of which I 
have the Honor to transmit to your Lordship) relative to the 
benefit that would arise to the Revenue by imposing a 
Wharfage duty at that Port is founded on just grounds, I have 
not hesitated to authorize the measure and to appoint a 
Wharf master at the moderate Salary of Seven Hundred and 
Twenty Rix-dollars per annum, who will also perform the 
Duties of Warehouse keeper, which I trust will meet yoixr 
Lordship's fullest approbation, and I have to solicit that your 
Lordship will be pleased to notify your Sanction thereof to the 
Colonial Auditors. The Duties imposed will be similar to those 
levied at the Wharf in Table Bay which I am happy to say net 
Fifteen Thousand Rix-dollars per annum after discharging the 
Salaries of the officers employed in that EstabKshment. 

I have &c. 

(Signed) Charles Henry Somerset. 

[Enclosure 1 in the above.] 

Custom House, Simon's Town, April 5th 1824. 

Sir, — We take the liberty of communicating to you for the 
information of His Excellency the Governor, that having at 
the close of the last year maturely deliberated on the state of 
this Office, and on the means of gradually increasing the 

234 Records of the Cape Colony. 

Collection of Customs ; it has been made apparent to us on 
comparing the result of Revenue and Expenditure which 
might attach from a Wharfage Duty being levied on all Exports 
and Imports, on the same footing as the Establishment in Cape 
Town, that a considerable Revenue would arise therefrom, 
independent of the additionsd aid and Security afforded to the 

By calculating the duties which would have been produced 
in the year 1823 as per annexure A, it has occurred to us, that 
if His Excellency could be pleased to take into His consideration 
the propriety and usefulness of the appointment of one Person 
discharging the duties of Wharf Master and attaching at the 
same time the duties of Storekeeper, it must necessarily add 
to the receipts, and greatly assist and improve the general 
management of the Custom House. The expediency of this 
addition is pointed out by referring to the Establishment at 
Cape Town, where a considerable Sum is received by a Wharf 
duty, which hitherto has not been levied and which in fact 
cannot be here without the appointment of an officer. As the 
Bonding System is now in force also, with the probability of 
an increase, it becomes highly necessary that more attention 
shall be paid to that branch so important to the merchants in 
the Winter Months during which Ships resort to this Bay ; by 
this also the Revenue will be increased. 

Under these impressions we presume to present this our 
opinion to His Excellency. We have &c. 

(Signed) Fbancis Dashwood, 

Collector Customs. 
W. Welbbrfoecb Bird, 

Comptroller Customs. 

Records of the Cape Colony, 235 

[Enclosure* 2 in the above.] 

Revenue which it is calculated would have arisen had the 
adoption of Wharf dues at Simon's Town taken place for 
the Year 1823. 

Articles deecribed in Tariff on which Duty is laid, as in Cape 

Town would have produced .... Bds. 1333 4 

Articles described on which Wharf duty is collected by Weight 

and size of Package 2000 

Total Proceeds Bds. 3333 4 
Deduct Salary to one Clerk at Rds. 70 per month . . . 840 

Bds. 2493 4 

Leaving this Sum applicable to the repairs of the Wharf and 
other contingencies. 

Letter from the Reverend Dr. Manuel to 

Church Street, Stoke Newington, April 9, 1824. 

Sir, — I have the honor to transmit to you the Certificates 
of the Revd. Henry Sutherland, who arrived yesterday from 

He is now in readiness to sail for the Cape of Good Hope, 
and waits for Earl Bathurst's authority to apply to the Colonial 
Agent for the £40 allowed by Government for Passage money, 
and £30 in advance of salary. I have &c. 

(Signed) William Manuel. 

236 ' Records of the Gape Colony. 

[Office Copy.] 
Letter from Eabl Bathurst to Lord Charles Somerset. 

Downing Street, London, lOth April 1824. 
My Lord, — The Reverend Henry Sutherland having attained 
a sufficient proficiency in the Dutch Language to qualify him 
for filling a Clerical Situationat the Cape of Good Hope, I have 
directed the Colonial Agent to issue to him the sum of Forty 
Pounds on account of the expence of his passage, together with 
the Sum of Thirty Pounds in advance of his Salary, and I have 
to desire that your Lordship will appoint this Gentleman to 
any of the Dutch Churches which may require his Services. 

I have &c. 

(Signed) Bathurst. 

Letter from Mr. George Greig to Earl Bathurst. 

Cape Town, \%th April 1824. 

My Lord, — Having recently established a newspaper in this 
colony, under the title of the South African Commercial 
Advertiser, I have the honor to transmit for your Lordship's 
perusal, one copy of the numbers yet published, 1 to 15 
inclusive. At its commencement I should have conveyed it 
to your Lordship ; but it occurred to me as fitting to send 
such a number as would enable your Lordship to judge fairly 
of its merits and tendency. It is perhaps hardly necessary to 
make any remark on its reception by the public here ; but it 
may not be unworthy notice, that in the short space of three 
months its circulation has doubled ; and but for the little 
facility ^,8orded in its conveyance to the coimtry districts, 
and bei:ng subject to a postage of 1 shilling (3d. sterling), or 
thirty-three per cent on its cost, for conveying it to any district 
out orf Cape Town, there can be no doubt its circulation would 
be miMi more general. 

Should your Lordship go as far as the inhabitants of the 

Records of the Cape Colony. 2*67 

colony, who are unanimous in their approval of the paper from 
one end to the other, I may indulge a hope that this paper 
(established under innumerable disadvantages), having fought 
its way by an even plain desire to benefit the colony, may be, 
as regards the postage, put on a footing with the Cape Oazette. 
Your Lordship will, I hope, allow me to remark, that every- 
thing connected with this establishment is attended with great 
expense, while the circulation of a newspaper must necessarily 
be very limited in a colony : these reasons, added to the fact 
that it causes no additional expense to the colonial government, 
will, I rest confident, have due weight with your Lordship. 
My previous knowledge of your Lordship's uniform desire to 
forward any plan which has for its object the bettering the 
condition of mankind, precludes the necessity of apologizing 
for thus troubling your Lordship. Satisfied that this subject 
will meet early attention, I have, &c. 

(Signed) George Geeig, 

Proprietor and Conductor of the 
South African Commercial Advertiser. 

Memorial of Mr. Charles Fredrik Libsching. 

To His Excellency the Right Honorable Lord C. H. Somerset 
&c. &c. 

The Memorial of Charles Liesching Humbly Sheweth 
That your Excellency in consideration of the grounds set 
forth in his former Memorial may now be pleased to allow 
Memorialist to continue to practise in the line he has been 
brought up, viz. that of an Apothecary, Chemist and Druggist. 
And MemoriaUst as in duty bound shall ever pray &c. 

(Signed) C. P. Liesching. 


238 Records of the Cape Colony. 

Memorial of Db. John Laing and others. 

To His Excellency the Right Honorable Greneral Lord Charles 
Henry Somerset, one of His Majesty's most Honorable 
Privy Council, Colonel of His Majesty's 1st West India 
Regiment, Governor and Commander in Chief of His 
Majesty's Castle, Town and Settlement of the Cape of 
Good Hope, in South Africa, and of the Territories and 
dependencies thereof, and ordinary and Vice Admiral 
of the same, Commander of the Forces, &c., &c. 

The Memorial of the undersigned Physicians, Surgeons, 
Apothecaries, Druggists and Chemists, regularly educated for 
the different branches of the Medical Profession and duly 
licensed to practise those diflferent branches in this colony 
agreeable to the Proclamations of the 24th April, and the 18th 
August 1807, respectfully sheweth : 

That having been informed by Dr. Barry, Colonial Medical 
Inspector, in a meeting convened by him for the purpose on 
the 21st Inst., that a Memorial has been presented by the 
Merchants and Traders of Cape Town to your Excellency for 
the revocation of the 5th Article of your Lordship's Procla- 
mation of the 26th September 1823, we take the liberty after 
mature deliberation on the subject humbly to submit to your 
Excellency the following observations which we conceive will 
be beneficial to the Community. 

As the welfare of the public is intrusted to the Paternal care 
of Government it is naturally expected that its health is of the 
first consideration. 

Although it. is to be wished that the Trade of this Colony 
may be favored as much as possible, yet it should be restricted 
where the Health and welfare of the Community are 

The spirit of former proclamations issued by their Excellen- 
cies the Lieutenant Governor H. G. Gray and the Earl of 
Caledon on the 24th of April and 18th August 1807 affords 
throughout ample proofs that their Excellencies were aware 
of the necessity of restricting the Sale of Medicines to Profes- 

Records of the Cape Colony, 239 

sional Men. They enforced regulations for the purpose whereby 
in Article 7th of the Proclamation 24th April 1807 and by the 
Proclamation of August 1807 the retail of Medicines by any 
other person than regularly educated and licenced Members 
of the Medical Profession was absolutely prohibited. 

These regulations having been enforced for Seventeen years 
the Merchants and Traders could not find themselves aggrieved 
by your Excellency's Proclamation of the 26th September 1823, 
as their stock of Medicines on hand must either be Seventeen 
years old, or imported lately with the idea of retailing them 
contrary to former Proclamations. 

Besides the Merchants and Traders do not confine themselves 
to the retailing and vending of Patent Medicines, but bring 
under this head in retail or in small proportions by Public 
Sales many Medicines not Patent, as Antimonial and Dover's 
Powders, Tartar Emetic, Calomel, Jalap, Rhubarb, &c., &c., 
the retail sale of which Medicines has from time immemorial 
been confined to the Apothecaries. 

In the greater part of the continental States where the sale 
of Medicines and the Execution of the different Medical 
branches are regulated by the strictest laws, the sale and 
retailing of Medicines is solely confined to Professional Men. 

The wise and beneficial regulations of Government for this 
purpose in this Colony cannot be equally extended to this 
Town and Drostdy Towns, where the public may enjoy Medical 
advice, and to the Country at large where the poor sufferer is 
deprived of, or at a great distance from it. 

No objection can certainly be made to the wholesale of 
Medicines by Merchants and Traders in this Town after proper 
inspection, but the retailing of them at public Sales, or 
privately, by persons incompetent to judge of their effects, 
we humbly conceive to be incompatible with public welfare. 

Were the indiscriminate Sale of Medicines allowed, a large 
quantity would be thrown upon the public by Retailers who 
would recommend them only to serve their private interests, 
and at public vendue where the Medicines would be purchased 
merely as Cheap Bargains by persons having no immediate 
occasion for, or knowledge of them. 

These Medicines are bought at public Sales often by mere 
accident, or with the idea of the Purchaser administering them 

240 Records of the Cape Cdlomj, 

in his family, or of again retailing them, and the undersigned 
are unfortunately too often witnessing the melancholy proofs 
of their misapplication, for on the appearance of disease these 
remedies are often very improperly applied, proving detri- 
mental, nay sometimes fatal to the sufferer, and at all events 
rendering the case difficult and obscure to the Practitioner if 
sent for. 

It is not intended that the Commimity should be restricted 
in or prevented the use of Domestic Medicines if it wishes to 
resort to them in preference to Medical advice, but the exclusive 
Sale of Medicines by Professional Men is a matter of conse- 
quence, as it will of itself prevent, more or less, the improper 
use of them. 

Your Memorialists must certainly agree with Sir John Truter 
that our present condition will not admit of equal regulations 
for the distant Country Districts as for Cape Town and the 
Country Villages ; but they humbly conceive that if the 
Hawkers and Pedlars were obliged to limit their Sales to a 
certain distance from the Drostdy Town where a district 
Surgeon is established, and required to purchase their Medicine^ 
either from the regular Apothecaries in Cape Town or Country 
or the District Surgeon, by whom they could be properly 
informed of their uses, the public would be more guarded from 
danger and spurious Medicines. 

Your Memorialists therefore pray that before rescinding the 
5th Clause of your Lordship's Proclamation of 25th September 
1823 your Excellency would be pleased to take their humble 
suggestions into consideration. 

And as in duty bound, your Lordship's Memorialists will 
ever pray &c. 

(Signed) John Laing, Ch., 

Pallas & Polbmann, 

Druggists, Chemists & Apothecaries, 
Rich. Hburtlby, M.D. and Chirug., 
J. Knockers van Oosterzbe, Med. and 

Art : Obst. Dr., 
H. Mader, M.D., 
H. B. VAN HoRSTOK, M. and Art. Obst : 


JRecords of the Cape Colony. 241 

F. L. LiBSCHiNa, M.D., 
F. C. ViLLNAQBL, Apothocary, 
C. L. W. LiBSCHiNa, M.D., 
James Abebcbombie, Surgeon, 

F. Engbls, Apothecary, 

J. Athbbstonb, Fellow of the Royal 

College of Surgeons, 
Edwd. Roberts, Ch., 

G. RiMBOD, Apothecary, 

M. Matthiessbn, Apothecary, 

S. Fbaenkel, 

Samuel Bailey, M.C.S. 

Certificate of Db..F. L. Liesghing. 

Cafe Town, Cafe of Good Hofe, this \2th April 1824. 

I the undersigned Licensed Apothecary in this Colony, do 
hereby certify that Carel Fredrik Liesching has duly served 
with me his apprenticeship in the Branches of an Apothecary, 
Chemist and Druggist, during five successive years from 1st 
January 1814 to last of December 1818, that during the 
whole of the time he has conducted himself in a manner 
becoming a faithful apprentice, and has rendered himself so 
far capable that he (lus abilities in the said branches entitling 
him to full confidence) has after that period, that is to say 
since January 1819, entered into partnership with me, and 
during a space of five years, up to the last of December 1823, 
has superintended the whole of the concern, entirely by himself, 
or with other words has been the acting Partner, in which 
capacity he has conducted himself to my entire satisfaction. 

(Signed) F. L. LiESCHTEra. 


242 Records of the Cape Colony. 

[Office Copy.] 
LeUer from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, IZih April 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
your Lordship's Dispatch under date of the 7th of July of last 
year transmitting for my consideration an estimate of the 
expence which would attend the projection of the Wharf at 
Simon's Town, a work which the Officer commanding His 
Majesty's Ships on the Cape Station had represented as 
necessary. Your Lordship's Dispatch likewise contains an 
Estimate of the Expence which would be occasioned by the 
formation of a Reservoir of Water at Simon's Town ; and you 
anticipate that in consideration of the great convenience 
which both those works would afford to His Majesty's Naval 
Service would induce the Lords Commissioners of the 
Admiralty to instruct the Naval Department on that Station 
to contribute a portion of the estimated expence of those 

I regret, however, to acquaint your Lordship that upon 
communicating with the Board of Admiralty upon this subject, 
I have not found them prepared to agree to your Lordship's 
proposal ; and I therefore do not feel myself at Uberty under 
present circumstances to recommend to His Majesty to sanction 
an expenditure, which the Revenues of the Settlement under 
your Lordship's Government would render it Uttle able to 
bear exclusively. I have &c. 

(Signed) Bathurst. 


Letter from Mr, William Hart to the Commissioners of 


Old MiiiL, Graaff Reinet, l^tk April 1824. 

Gentlemen, — In reference to my letter of the 26th Ultimo 
I had the honor of stating to you the particulars under which 
I experienced severe and irrecoverable losses, while a resident 
in the District of Albany, the expenditure of the whole of the 

Records of the Cape Colony. 243 

little capital with which I embarked, and my total inability 
from these misfortunes of maintaining my numerous family, 
or of assembling it either in this Country or in England. 

Thus situated, permit me Gentlemen to observe, that in 
consideration of the very liberal manner in which myself 
individually, and the Settlers in general have been treated by 
Government, I feel anxious to promote their views, as well as 
my own private interest, by contributing every effort to the 
firm Establishment of the new Colony. I am therefore 
desirous of settling the remainder of my family (from whom 
I am now painfully separated) in this Country, but which is 
placed out of my power, from want of the means of establishing 
myself in a comfortable home to which I could invite them. 

Trusting then you will be pleased to consider my long services, 
and the distressing situation in which I am (as a husband and 
a parent) placed, without a prospect of ever again seeing my 
wife and the remainder of my Children, I humbly beg leave 
to solicit a grant of land, and the loan of a Capital for a few 
years, to enable me to recommence my farming operations, 
which, assisted by the trifling Income I possess, I think would 
be the means of attaining the object I have in view, namely, 
providing for, assembUng, and estabUshing my family in this 

To conclude, I beg to mention, that not only myself, but 
also my family would now feel most grateful for your humane 
consideration of the before mentioned particulars, and, in 
apologizing for trespassing so long on your valuable time, 

I have &c. 

(Signed) Wm. Hart. 

P.S. Destitute of the means of recommencing my farming 
operations from the want of a Capital, or of returning to 
England, a duty I owe to my absent wife and Children impels 
me. Gentlemen, to the liberty of asking you, whether, in the 
event of my not succeeding in my application to you for a 
Loan, anything can be done for me in this Country to enable 
me to give up my Half Pay as Comet to them (which of the 
waggon train is only three shillings per diem), as they are 
much in want of it. 

Allow me Gentlemen to add, that I have served my Country 

B 2 

244 Records of the Cape Colony. 

as an Officer faithfully and honorably the best part of my Life, 
that I commanded a Regiment at the time I sold out, with the 
Rank of Brevet Lieut. Ciolonel, and that my conduct will beax 
the strictest scrutiny. Under these circumstances the only 
hope I have now left of again seeing those who are most dear 
to me, is, that you will humanely sympathize with my unfor- 
tunate Situation, and that you will be pleased to take it into 
your humane consideration. 


Letter from the Landdrost of Albany to the 
Colonial Secretary. 

Graham's Town, leth April 1824. 

Sni, — I have the Honor to transmit an Extract from my 
Day Book relative to a complaint preferred by the Burgher 
Adrian de Lange, of his having been required by the District 
Chaplain to pay a higher fee for the performance of the marriage 
Ceremony than that fixed by the Tariff, and as I am ignorant 
of the proper proceeding to be adopted in such a case, and 
whether or not it be subject to the cognizance of the Landdrost 
or of the Board of Landdrost and Heemraden, I have the 
Honor to request you will submit it to His Excellency the 
Governor. I have &c. 

(Signed) Harry Rivers. 

[Enclosure in the above.] 
Extract from the Day Book of the Landdrost of Albany, 

Monday, 5th April 1824. 

Appeared Adrian de Lange, who states that yesterday 
(Sunday) he appUed to the District Minister to be married, 
to whom he produced a Special Licence which he had procured 
from Cape Town for the purpose, but that Mr. Geary refused 
to perform the Ceremony unless he was paid 24 Rds., contrary 
to the Regulations for the guidance of the District Minister. 

Complainant further states that he offered Mr. Geary a piece 

Records of the Cape Colony. 245 

of 60 Rds. which he refused saying " he could not give change,'* 
he then tendered him a piece of 20 Bds. and informed him 
that he would bring 4 Rds. immediately afterwards, which 
Mr. Geary likewise refused, saying he would not perform the 
Ceremony until he had paid him the exact Sum of 24 Rds., in 
consequence of which he was compelled to go about the town 
in order to borrow the sum demanded of him. Complainant 
adds that the ceremony was performed in Mr. (Jeary's house. 

A true extract. 

(Signed) Habry Rivers. 

Letter from Dr. James Barry to Lord Charles Somerset. 

Cape Town, April IWi 1824. 

My Lord, — With reference to Mr. Denyssen's letter of 7th 
Instant I beg leave to state that on the evening of the 6th I 
visited the Tronk in company with Mr. Kekewich, and in a 
Dungeon of that place foimd Jacob Elliot with his thigh 
fractured, without clothes, without a bed or pillows, or blankets, 
dirty in the extreme, without a single comfort, and in short 
exhibiting such a state of misery that if he had not been under 
the special protection of Providence he could not have survived. 

Elliot declared to Mr. Kekewich and myself, in the presence 
of the prison keeper in attendance, (and who did not contradict 
the facts) that he had neither been furnished with medicine, 
nor proper diet, nor attendance, so much required in his 
helpless and painful state, but that once in 24 hours the keeper 
brought him a bucket of water and the common prison allow- 
ance, and also that until that very forenoon he had been lying 
on the bare ground, when he was laid upon a filthy stretcher. 

I do here, my Lord, declare that I never witnessed any scene 
more truly appalling than this. Mr. Kekewich went out in 
disgust. I then asked the keeper if he had any more broken 
bones, he answered only one, who was a Prisoner from Robben 

I requested the keeper to conduct me to the patient, he did 

246 Records of the Cape Colony. 

so, and in one of the cells I found Jan Krier as near as possible 
in point of humane and proper treatment, in the same pre- 
dicament with Elliot. This poor wretch had one of his legs 
fractured and the other carefully surrounded with a heavy 
chain. It is needless to enter into any further detail or de- 
scription, but your Lordship will bring to your recollection, 
that when I had the honor to make a verbal communication 
respecting these sufferers immediately after my Inspection, 
I took the liberty of saying that if Your Excellency could 
afford the time to walk to the Tronk, you could satisfy yourself 
as to the facts and be convinced that I did not in the least 

I yesterday read Mr. Denyssen's letter to Dr. Liesching Junr., 
who declared that both his Father and himself had made 
frequent reports and representations (which must now be lying 
in the Deputy Fiscal, Mr. Ryneveld's, office,) respecting the 
state of Elliot, expressing their anxious wishes to have him 
removed to Hospital, or even to have some clothes, bedding, 
&c., &c. procured for him, but in vain. They were told that 
the Government would not suffer any expenses to be incurred 
for Prisoners. Dr. Liesching expressed great pleasure on 
hearing that Your Excellency had been so good as to order 
the poor people into hospital, and was very anxious that you 
should see the official Reports concerning the case, which 
must now be on Mr. Ryneveld's Table in his office. 

I have &c. 

(Signed) James Barry. 

LeUer from Mr. Thomas Willson to Earl Bathurst. 

Stockwell, \%th April 1824. 

My Lord, — Having waited with the utmost patience for a 
reply from the Colonial Government at the Cape of Good Hope 
in respect to my claim upon His Majesty's Government, it is 
with reluctance that I feel myself again compelled to trouble 
your Lordship ! if (as it appears to me) His Excellency the 

Records of the Cape Colony. 247 

Governor is under the Influence of views dissimilar to the 
advantages at first proposed to Heads of Parties, as originally 
promulgated by your Lordship, it is by no means my wish to 
embarrass the local policy : but surely it cannot be the intention 
of His Majesty's Government at home wholly to disregard 
claims so well foimded as mine, after I have passed the ordeal 
of Trials replete with difficulty and overwhelming with expence ! 
It has occurred therefore to me, although doubtful as to the 
ultimate views of Government with regard to Colonizing 
another part of the world equally interesting in point of 
climate and geographical position, I allude to the Ionian 
Islands ; if His Majesty's Government would transfer to me 
a grant of Land in one of those Islands, with the appointment 
of Consul, or any other efficient situation, as a protection 
against reverses, — I would then wholly abandon my claims at 
the Cape ! and being now well experienced, few men I trust 
are better qualified to conduct such an enterprise. I would 
have no hesitation in undertaking to plant a number of indus- 
trious families, subject to similar stipulations as those undei 
which I formerly engaged. Praying your Lordship to intimate 
which I formerly engaged. Pra3dng your Lordship to 
intimate to me if such a proposal is acceptable to His Majesty's 
Government, I have &c. 

(Signed) Thos. Willson. 


Memorial of the Reverend William Geary, with Lord 
Charles Somerset's Comments upon it, 

Graham's Town, \^ih April 1824. 

To His Excellency Lord Charles Henry Somerset, Governor of 
His Majesty's Castle, Town and Settlement of the Cape 
of Good Hope, &c., &c., &c. 

The Memorial of William Geary humbly sheweth 
1st. That the attention of your Memorialist to South Africa, 
as a residence for himself, his wife and children was directed 
neither by necessity nor spontaneous choice, but originated 

248 Records of tlie Cape Colony. 

solely in consequence of invitations from her Grace the Duchess 
of Beaufort, to whom your Excellency had previously applied 
for a Clergyman to fill the important situation of a chaplaincy 
in Graham's Town. 

Conmient. The Duchess of Beaufort stated to me that she 
could recommend a Clergyman for the Cape of Good Hope, of 
most exemplary conduct, character and learning, and I in- 
formed her of there being a learned Divine required for 
Graham's Town, in consequence of which Mr. Geary was 
recommended to Lord Bathurst by Her Grace. 

2nd. That your Memorialist was induced to quit his now 
regretted Native Land, Relatives and Connections from the 
prospect of enjoying certain advantages which were held out 
to him, and which justified a hope that while he should be most 
usefully employed in the discharge of his clerical duties, his 
emoluments would not only have enabled him to live com- 
fortably, but also to have left a provision for his family when 
Providence had terminated his official labours. 

Comment. It is impossible to judge what Expectations a 
person of Mr. Geary's rapacious disposition formed for himself. 

3rd. That your Memorialist in recording his disappointments 
feels them the more aggravated in reflecting that those in- 
ducements which brought him to Africa originated with your 
Excellency, and were thus detailed in a letter which your 
Excellency addressed to Her Grace the Duchess of Beaufort : 
'' His (Memorialist's) Salary will be £350 Sterling, a House, 
(or allowance for one till the House is built) and an allowance 
of one Guinea per week, or £50 a year (I am not sure which) 
for the Military, besides I consider the Surplice fees will be 
considerable," while the expectations of your Memorialist also 
were naturally strengthened by the letter of Instructions from 
His Majesty's Noble Secretary of State for the British Colonies, 
which he presented to your Lordship on his arrival in this 
Colony ; for His Lordship declares in that Official Document 
that Memorialist, in addition to his salary, " was entitled to 
receive such Surplice fees as your Excellency might conceive 
to be fair and reasonable ; " but your Memorialist has been 
compelled by your Lordship's printed injunctions and regu- 
lations to many even those persons in forma pauperis whose 
parents or themselves are in possession of Farms extending to 

Records of the Cape Colony, 249 

several thousand acres, well stocked with immense flocks and 
Herds ; a requisition which he conceives to be a real grievance 
and in direct opposition to the Instructions and wishes of Earl 

Comment. In reply to the Duchess of Beaufort's enquiries 
with respect to the pecuniary Emoluments of the Chaplaincy 
at Graham's Town, I informed her that the salary was £360 
Sterling per annum, with a House or allowance in lieu of one, 
and the Surplice Fees, which in the course of a year would 
probably amount to something considerable ; the term con- 
siderable appears in Mr. Geary's greedy eye to bear a very 
diflferent construction from that which a sober, contented, really 
religious Divine would put upon it, and the manner in which 
he deports himself on the subject of Fees is best exemplified 
in Enclosure No. I, which shews that he employed his Clerk 
in the beginning of this month to entrap a couple to be married 
(and at an unlawful Hour of the day too) on the day previous 
to that, that they had purposed to be married, in order to 
squeeze the Fee out of them ! ! ! and for which he charged 
them 24 Rds., 12 Rds. being the extreme amount of the 
Marriage Fee under any circumstances, and on the day 
following the Sitting of the Matrimonial Court the ceremony 
ought by the Colonial Regulations and by the Chaplain's 
Instructions to be performed gratis. 

4th. That your MemoriaUst begs leave to remind your 
Excellency that those regulations before alluded to, enforcing 
the gratuitous performance of the Marriage and Baptismal 
Rites, are not confined to Sundays, but extend to the day sub- 
sequent to the Sitting of the Matrimonial Court. But as the 
affluent part of the Dutch population take as much advantage 
of those days of exemption from payment, as the poor, 
Memorialist considers the measure a virtual abolition of his 
Surplice fees ; and therefore prays that the power of exemption 
in all cases may be entrusted to the discretion and liberality 
of the Clergyman, for a reference to the Register Books, (which 
have already been submitted to His Majesty's Commissioners 
of Inquiry) will shew that Memorialist has been actuated by 
a very opposite principle to that of avarice in the exaction of 
his Surplice fees. 

Comment. If Mr. Geary found the Emoluments of his 

250 Records of the Cape Colony. 

situation inadequate to his labors, or to his necessary expen- 
diture, he had one of two measures to pursue : To resign his 
appointment, or to set forth in respectful terms to the Govern- 
ment, his necessary expences and his Labors, and compare 
them with the remuneration he received, but certainly not to 
rebel against regulations framed with the sole view of promoting 
that morality which it ought to be his first aim to establish 
amongst his Flock. I am sorry to add in reply to Mr^ Geary's 
last Remark that Avarice appears the sole cause by which he 
is actuated. 

5th. That your Memorialist on his arrival in Graham's 
Town fully expected (in conformity with your Excellency's 
declarations made to her Grace the Duchess of Beaufort) to 
have purchased every article of domestic consumption at a 
reasonable price, for your Lordship assured her Grace that 
" His (Memorialist's) expences would be very small," and again 
in the same Epistle there are the following remarkable words : 
" He may live very considerably cheaper indeed at Graham's 
Town than he could at this end of the Colony ! " but your 
Memorialist begs leave to remind your Excellency in the first 
place, that the entire failure of three successive Harvests in 
this unfortunate District has rendered Bread (that essential 
Article of human subsistence) even up to this protracted 
period three times as high in price as it is now selling in England, 
and the price of that article in Cape Town (as published in the 
Official Gazette) will bear Memorialist out i^ his assertions, 
that from a more regular and extensive supply of Elour from 
foreign parts it has been much cheaper there than on the 
Frontiers during the whole time he has resided in this Colony. 
In short animal food is the only article which is cheaper here 
than at that end of the Colony, for every other article of con- 
sequence must be exported from that distant spot, and it 
cannot be supposed but that a freightage of 600 Miles, with a 
very heavy land carriage and additional risks, must greatly 
increase the price. Again, Memorialist turns his attention to 
the Labour and compares his situation at the Frontiers with 
that of Cape Town, and its vicinity, and he is assisted by a 
public advertisement in his inquiry, announcing that the 
authorities there are in want of laboring men, and to whom 
" four shillings per diem " is offered together with a " Soldier's 

Records of the Cape Colony. 251 

ration," while the same class of persons receive two RixdoUars 
in Graham's Town for the same number of hours. Your 
Excellency will therefore doubtless perceive that the mistake 
under which your Lordship wrote on this subject has. been 
highly detrimental to the interest of your Memorialist. 

Comment. The assertions I made respecting the rate of 
living at Graham's Town, I had from Residents there, and 
inadequate as Mr. Geary asserts his salary to be it is very 
considerably greater than that of the Landdrost who has 
constant and unavoidable calls on his hospitality. The rest 
of this Article is so vague and foreign to the subject that it 
does not merit a Comment. 

6th. That your Memorialist with a view of meeting such 
unexpected and alarming expences, and thereby enabling him 
to live on his Salary, applied to your Excellency for the Grant 
of a Farm, and his application was backed by the recom- 
mendation of Mr. Rivers the Landdrost, who declared " I . 
think no one has a fairer claim to a Farm than yourself," and 
which opinion has since been expressed to him by His Majesty's 
Commissioners of Inquiry, even after they were apprized of 
the nature of your Lordship's objections, but your Excellency 
however for reasons which can scarcely be anticipated, was 
pleased to refuse his humble request by the subsequent reply 
" I really think when a Community requires all the conciliation 
a Clergyman can use, and moraUty and piety are from habit 
and the absence of example and of means of imbibing them 
but little felt or practised, it is not to be desired that the 
Clergyman of a Parish should be a Farmer, and under no 
circumstances whatever could I do more than attach a Grant 
to the Chaplaincy, and that would not meet the intentions 
expressed in your letter, and I should infinitely prefer your 
receiving pupils, where I think your labours would be eminently 
useful." But with all due submission to your Excellency's 
opinion thus expressed, permit Memorialist to say that everyone 
who claims the least acquaintance with the nature of an 
African Farm is aware how little its management would have 
interfered with or impeded Memorialist in the discharge of his 
clerical duties, and surely your Excellency cannot mean to 
assert that a private Grant would produce more injurious 
effects on the interests of morality and piety than one attached 

r^ -B* 

If: HT 

T-^ T rrrrrrrc c: 

Records of the Cape Colony. 253 

have not been brought home at all, and by which (through the 
inclemency of the weather) a valuable cow perished, yet since 
his dismissal from the Mihtary Chaplaincy even this resource 
has entirely failed ! ! for Captain Cox of the 6th Regiment has 
given positive Orders to the aforesaid Herdsman not to take 
the cattle of your Memorialist to graze as formerly, so that this 
means of animal subsistence has now become very precarious 
amidst a very great scarcity of Milk which prevails in this place, 
in consequence of the Town Lands having been given away, 
contrary to the original promise made to the Inhabitants 
thereof, and should this species of persecution end in the 
destruction of his Cattle, Memoriahst cannot but consider that 
he has a fair claim on the Colonial Government for 
remuneration. He is also by his dismissal deprived of his 
Mihtary servant in a place too where Servants are extremely 
scarce and hardly procurable even for the most exorbitant 
wages, while the Reverend Mr. Hough, the Chaplain of Cape 
Town, has the advantage derived from the labour of Prize 

Comment. Mr. Geary's indecorous and insubordinate 
conduct rendered his dismissal from the Mihtary Chaplaincy 
unavoidable, and with it he lost those Indulgences which are 
generally afforded to the Mihtary Chaplain when the service 
will allow of it. I have nothing to do with Prize Apprentices, 
therefore this Article is irrelevant, but I conceive that a Negro 
Apprentice, Male or Female, cannot be better placed than in 
the family of a really pious and benevolent English Clergyman. 

8th. That your Memoriahst incurred the displeasure of your 
Excellency for no other cause than resisting the xmjust attempt 
of Mr. Rivers the Landdrost of Albany to deprive him of his 
SurpUce Fees (contrary to those Instructions which Memoriahst 
knew had been forwarded to your Excellency from the Right 
Honorable Earl Bathurst) and the circumstances of which 
he begs leave to detail. An apphcation was made for the 
gratuitous performance of the marriage ceremony in favour of 
a certain couple, when Mr. Rivers declared " He would give 
directions for its being done," and pauperism in the parties 
was the ostensible plea urged by him for his interference, but 
Memoriahst having discovered that Mr. Rivers permitted the 
Secretary of the Matrimonial Court to exact of those very persons 

254 Seoards of the Cape Colony. 

the whole amount of its accustomed fee of Ten Bixdollars, he 
refused to comply with the application of the Landdrost made 
to him for that purpose, having doubts as to the accuracy of 
his Statement, which have since been confirmed by Memorialist 
having positively detected a most palpable and wilful mis- 
statement in the letter of Mr. Rivers, and is one of the charges 
which Memorialist is as able to substantiate as he is desirous 
to enter into at any time. 

Comment. The Enclosure No. 2 will shew that this is a 
gross and wilful mis-statement. Mr. Rivers knew nothing of 
the Regulation respecting the Surplice Fees until the printed 
Regulation on that Head was sent to Him officially. 

9th. That your Excellency made yourseK a party in the 
dispute of Two Individuals (and which but for your Lordship's 
interference would in all probability have shortly terminated) 
by insisting on Memorialist making a reparation to Mr. Rivers 
for resisting this intrusion on his clerical privileges ; and 
Memorialist not having complied with so unreasonable an 
injunction appears to have been the sole cause of that system 
of oppression, partiality, * persecution. Insult and degradation 
he has since experienced, and which when detailed in all its 
operations he is sure will do no credit to the Colonial Annals 
of South Africa. 

Comment. Mr. Geary allows himself such Latitude in his 
Language and Conduct as well as with his Pen — that it is not 
easy to imagine what his views of Insult, Respect, or even 
Courtesy are. 

10th. That your Memorialist having reported to Mr. Rivers 
some of those gross and scandalous immoralities which were 
permitted within the walls of the Town Prison, by the Under- 
sheriff Wathall, such as permitting the male prisoners under 
criminal charges to sleep with the females as a Reward for the 
work which he had long been iij the habit of employing them 
for the promotion of his own private advantage, and provoked 
at his being detected in other disorderly practices and prevented 
from employing the Prisoners whom he had the impudence to 
send for during the performance of Divine Service to work in 
his Garden, called Memorialist in the presence of all the 
prisoners under confinement, before whom Memorialist 
officiates weekly, a damned Rascal ! ! ! wliich Memorialist 

Records of the Cape Colony, 255 

made the subject of an official complaint to the Landdrost 
(Mr. Rivers), but a whole fortnight elapsed previous to his 
taking the least cognizance of the insult Memorialist had 
received in the faithful and conscientious discharge of his 
official duties, when the Landdrost instituted a preliminary 
investigation into the nature of his complaint against Wathall, 
and which was conducted by Captain Hope, the laborious 
Inspector of the Signal Posts, and who is also a Member of the 
Court of Heemraden, and before whom Memoriahst fully sub- 
stantiated his charges by the evidence of two Witnesses which 
the culprit in his defence merely denied but declined calling 
any witnesses whatever in support of his declaration, yet 
(wonderful to state) Memorialist was told by him (Captain 
Hope) in the presence too of the defamer of his character, of 
whom Mr. Bigge, one of His Majesty's Commissioners of 
Inquiry, did not scruple to declare that " it was impossible to 
speak in terms sufficiently bad," that by his denying the 
expressions imputed to him he had made that reparation to 
Memorialist which " the nicest feelings of honour could demand ! T^ 
a Sentiment which your Excellency knows would be rejected 
with contempt and disdain by the upright judges of England, 
because if such a plea was allowed, no conviction could possibly 
be expected to follow, even though guilt should be established 
upon the clearest evidence, for every Culprit would of course 
avail himself of the privilege thus held out to him, and according 
to the modern doctrine laid down by the aforesaid Captain 
Hope {one of the Judges of Albany) an acquittal must be pro- 
nounced, and Mr. Bigge has declared his conviction to your 
Memorialist, that " this was a most unfortunate speech of 
Captain Hope, and the worst part of the business connected 
with the trial, that Jarman the Convict was perjured whom the 
Culprit had brought as a Witness, that he had no doubt of 
Wathall's guilt, and that he ought to be punished, for that in 
England he did not know of a greater crime than to insult a 
Clergyman." The Landdrost however, instead of employing 
that authority which he has so vexatiously exerted against a 
Minister of the Venerable Church of England, unfortunately 
separated from Episcopal Jurisdiction, made such plausible 
representations of WathaU's conduct in prison and in his 
demeanour towards your Memorialist, as to induce your 

256 Records of the Cape Colony, 

Excellency to write him (Memorialist) a Letter, in which you 
were pleased to state that " having been made acquainted with 
the accusations of Memorialist against the Undersheriff 
Wathall, as well as in relation to the Prison, it appeared by 
the Day Book of the District that the Begviar legal course was 
purstied m both cases 1 1 ^^ and that '' if Memorialist continued 
so to interfere with subjects which are not connected with his 
clerical duties, it will become your Lordship's indispensable 
duty to dismiss him from the Service of the Colonial Govern- 
ment ; " but Memorialist feels that he should be utterly un- 
worthy of the sacred profession which he has' the honor to 
exercise as a Clergyman of the Church of England had he 
passed over in silence, and thus connived at, those immoralities 
which were so notoriously practised, or to have permitted any 
threatening whatever to have deterred him from the faithful 
discharge of those duties which he is confident the most 
Reverend the Archbishops and the Right Reverend the 
Bishops of England will unanimously determine to have been 
closely connected with his ministerial office, as well as to have 
merited the " sharpest rebukes " agreeably to the inspired 
injunctions of the sacred Writings ; and therefore constituted 
a proper subject for report to the local Magistrate. . 

Comment. A complete falsehood, which Mr. Geary is fully 
aware of. 

11th. That your Memorialist, subsequent to the extra- 
ordinary decision of Captain Hope, was informed by Mr. 
Onkruydt (the late Acting Secretary to the District) that " he 
was commissioned by the Landdrost to inform him that his 
complaint against Wathedl would be investigated and finally 
decided in a few days by the Court gf Landdrost and Heem- 
raden," and Memorialist accordingly summoned his witnesses 
and made the necessary preparation for the trial, but on his 
appearance before the Tribunal, assembled as they were with 
the doors carefully closed ! ! to the exclusion and disappoint- 
ment of a great number of persons who hAd collected to hear 
the Trial, the Landdrost as President stated : " that the Court 
was incompetent to try a case of defamation ! ! but that they 
were willing to investigate any complaints against Wathall 
as a public Servant," and Memorialist, feeling irritated at being 
thus trifled with, after all the preliminary formalities of a 

Records of the Cape Colony. 257 

Trial had been complied with, and the Court through their 
Attorney Oeneral had issued its mandate for the attendance 
of Witnesses, by such extraordinary proceedings, could not 
forbear to express his astonishment, because the Court of 
Circuit had but rece;ntly declined trying a case of this very 
description, and referred the Complainant to the Court which 
in this case declined the investigation on the grounds of 
" incompetency ! ! " and Memorialist therefore appeals to 
your Excellency whether he was not justified in supposing 
(under such circumstances) that the Court had actually shewn 
a disposition to skreen Wathall from conviction and deserved 
punishment, and which up to the present hour is the prevailing 
opinion of nearly the whole Town, and on Memorialist declaring 
that he was impressed with a similar sentiment, he has been 
served with a Summons from the Fiscal to attend in person at 
Cape Town in order to plead to the charge of having used highly 
offensive expressions towards the Board of Landdrost and Heem- 
raden ! ! But your Excellency will judge whether so long a 
journey would not be productive of more injury to the cause 
*' of morality and piety " in the total suspension of public 
worship than it could have been by the absence of a Clergyman 
for only a few hours in a week, in making an excursion to a 
neighbouring Farm, only about Twelve or Thirteen Miles 
distant, which he has in vain solicited, and which was denied 
him on the grounds that " the community required all his 
attention ; " but for which he again presents his prayer to 
Your Excellency. At length however a second Summons from 
the zealous Fiscal arrived at the Frontiers for your Memorialist, 
in which the phraseology of the first process is considerably 
altered, and the former inflated charge has sunk into " Injurious 
expressions ! ! ! '* but why this material alteration has so 
suddenly taken place the learned Fiscal will no doubt be able 
to explain. 

Comment. Mr. Geary so insulted the District Court that 
on the Minutes being forwarded to the Court of Justice in 
Cape Town, he was summoned to appear in person before that 
Court to answer for his contempt to the constituted Court. 
WathaU was tried and acquitted. The proceedings were all 
conducted with regularity and according to the legal Forms. 
12th. That your Memorialist also begs leave to remind your 
xvif. s 

2Zi Bsarru )f rhe Cxm 'Ziiamf^ 

ExTrtTmry tiiat am Watiiall bon^ dM B fiad fe d hw tfa^ Landdrost 
IDT. and on. jeeuuiLt of, rmnrtfr »■<>*■ gr pnefiarai ■gi'^iwi^ Idm 
hy If (HUH H iafigt. be was by yosr Excelbncy's conanands 
1 1 iniifsitrff m nis ooKce aliiiOBfr as ?<«i «irt as vuuc liOVOHup was 
appnaad of his deezadadon. and a dvertis Bngmtg woe posted 
op in dtSerent pazts of tbe Town anmmane Us speedy 
giaun<ition : and faeeaose the caipnc deefined. a VBnsta.t^B9ait 
into his fionner Office, be has been g.iai.ifird in his daim c^ 
another stoatifln nune im^y!*> mi*^ and cheRloiie of covnse mcKe 
aiEiecable to his wishes : tcc First Xessoi^er in the Landdrost's 
Office ! This extzaarcfinary proceeffine has exateti a ge m e ral 
remark in the Town* that WathaH has not onfy been dieened 
from deserved pmniskmenL but actually ratmnled by your 
ExceQauTy for grossly iAsnltiinq a Clergyman ! 

Comment. Wathall was suspended when Xr. Geary made 
his charge against hmu and reinstated when acquitted as an 
act (tf justice as well as a matter of conrae. 

13th. Thai; yonrMnnociaiisthasever been desroascftreadii^ 
in the impress of his Drrine Mastor s iUustriuas footsteps, and 
canreadily fui y i^e injiiriesof any des c rip tion of a jgriialei^^ 
but when insolts are heaped upon him. in }a& dmeal character, 
to imp ede hia asefnfanas or rase an odimn <»i the Holy Rd^;i(Xi 
he pr ufeaaeSy he will ev^O' conform to apostoiie example and 
■lagnify his office^ and so long as that religirai has a frioMi in the 
Rdti^ Leg^atore he wiQ appeal to its authocity for ^otection 
while be candnaes, as he b^eres he has hitherto done, in the 
faithful and ctmacaentioas <fischarge of ius doty. 

I-lth. That Memorialist while in his CanHomiad YtstmaUSj on 
two aereral Sundays, and in the exercise of h^ Ministerial 
Office, has been publicly and grossly insulted by your Lordship's 
Son, Major Somerset, Commandant of the Frontier, and in a 
way so unprovoked and unmerited that it is impossible for him 
even now to assign any cause for sucb unjustifiable and un- 
precedented conduct ; were he in England he would have 
incurred the displeasure of the Ecclesiastical Court. This 
conduct of the. late appointed Commandant is the more 
aggravated from the circumstance of Memorialist having shewn 
the forbearance of passing by the first insult. 

Comment. Mr. Geary was dismissed from the Military 
Situation, for gross insult to his Commanding O^— 

Records of the Cape Colony. 259 

16th. That your Memorialist remembers your Excellency did 
him the honor to inform him that your Son (Major Somerset) 
suddenly withdrew his troops from the public ministration of 
a certain Clergyman in Africa, because he was intoxicated, 
but as his habits are still decidedly intemperate Memorialist 
cannot repress his astonishment at witnessing his recent 
Elevation, for his present condition, designated by the intro- 
duction of a name into the Cape Calendar once so oflEensive to 
your Lordship, and attached as it now is to the highly respon- 
sible and important situation of a Pvhlic Teacher of Touthy 
your Memorialist cannot but contrast with his otvn situation, 
in having his name inserted in the public orders of the army 
as being disgraced, and his Salary contracted, for repelling in 
his clerical character an insult from Major Somerset ! ! a course 
which every Oentleman would have adopted, and every Clergy- 
man, had he not done so, would (Memorialist conceives) have 
justly incurred punishment and disgrace. 

Comment. The first part is a complete fabrication. No 
name can be more disgraceful in South Africa than Mr. Geary 
has by his conduct rendered his own. 

1 6th. That while the most extraordinary and unprecedented 
proceedings under the direction of the Fiscal were going on in 
Cape Town against your Memorialist, in order to exhaust his 
finances and weary him with fatigue by a journey of more than 
600 miles on one of the most trifling and vexatious prosecutions 
ever instituted against an individual of any country, a Libel 
of the most gross, false and scandalous description made its* 
appearance in the Cape Town OflScial Gazette / ./ under (as 
MemoriaUst conceives) the sanction of your Excellency, 
calculated to bring down upon him, in his clerical character, 
the Scorn and derision of mankind, increase the number 
of Dissenters, depreciate the doctrines of the Church of England 
to persons unacquainted with their purity, and bring her public 
Service into contempt and neglect ! Nor can MemoriaUst 
conceal his impressions that this measure was adopted for the 
purpose of influencing the Judicial proceedings which were 
then pending, by prejudicing the Law authorities against him, 
and arm the Fiscal with additional weapons to complete his 
destruction I ! and although your Excellency, by virtue of 
Memorialist's earnest solicitations y has permitted his remon- 

s 2 

260 Records of the Cape Colony. 

strance to be inserted in that journal at a subsequent date, 
(when the mischief was actually done) and the libel read and 
left an unfavorable impression on the minds of hundreds who 
could never see the latter to erase them or those letters of his 
upright Neighbours spontaneously written in vindication of 
his conduct, and connected, as Memoriahst has heard they 
have been, with a brief apology which as far as concerns the 
Editor and Printer he will take into consideration at a future 
period provided the name of the iniquitous author has been 
given up for prosecution, yet Memorialist cannot pass over 
unnoticed the extraordinary suppression of those papers at 
the Frontiers ! I for only one he believes found its way, and 
that was the property of his Majesty's Commissioners of Inquiry, 
by which it is probable they are impressed with an idea that 
the aforesaid apology has had as free and uncontrolled a 
circulation as the previous pernicious Libel ; but the fact is 
otherwise, and it remains with the detainer to account for the 

Comment. These proceedings were in consequence of his 
contempt of Court. There can be no means of encreasing the 
number of Dissenters so probable as a Clergyman of the 
Established Church conducting himself as Mr. Geary has 
deported himself. The lihd Mr. Geary talks of was an Extract 
of a private Letter which was inadvertently (and I may say 
improperly) inserted in the Cape Town Oazette. 

17th. That your Memorialist was informed by your Excel- 
lency's Letter which he had the honor to receive, that " The 
Scale of Fees upon which he had acted existed nowhere," 
but Memorialist in vindication of his character begs leave to 
state that he received his Instructions from the Secretary of 
the Albany Matrimonial Court, who was the only legal officer 
in the District ; and the amount of Fees which, on his authority. 
Memorialist received, can be clearly estabUshed as the custo- 
mary Fees of the Colony by many Witnesses, exclusive of the 
Sentence quoted in the margin from a work published in this 
Colony, and which report ascribes to the pen of Mr. Wilberf orce ' 
Bird, nor can Memorialist leave the subject without adverting 
to the manner of altering the Surplice Fees, which according 
to the Instructions of Earl Bathurst were to be "fair and 
reasonable," and it does appear to Memorialist rather 

Becords of the Cape Colony, 261 

extraordinary, until corrected by an explanation from your 
Excellency, that this charge was not announced to the public 
in the regular way through the Official Oazette in the Shape of 
a Proclamation, to render it a part of the Law of the Colony, 
but contained in a solitary page of foolscap, privately circulated, 
which in all probability, in consequence thereof, will never be 
inspected by the home Government until his own copy arrives 
in London, and Memorialist at present considers (from this 
fact) that it was only intended to operate against himself,' to 
gratify the malice of a certain individual. 

Comment. The fees exacted by Mr. Geary were exorbitant 
and had no Precedent. The Secretary to the Albany District 
declared positively to me that *' He never gave Mr. Geary any 
scale of Fees whatever." This whole statement therefore is 
grossly false, and the conclusion he draws in the latter part of 
this Article could only emanate from a mind as malignant as 
Mr. Geary's. 

18th. That your Memorialist cannot forbear to express to 
your Excellency that he humbly conceives it to be an act of 
cruelty and injustice to decoy a Clergyman with a family, and 
bring him to a foreign Land under a promise that " his Surplice 
Fees would be considerable," and then at an early period after 
his arrival through the secret influence of the aforesaid Indivi- 
dual, who is scarcely any man's friend, and at the suggestion 
of the Reverend Mr. Hough, the Chaplain of Cape Town, you 
should consign nearly the whole to oblivion, and load him with 
a surplus of gratuitous duty on Sundays, a task truly laborious' 
and distressing to the feelings of a Clergyman in a warm climate 
who has previously performed two full Services^ and whose 
Sermons generally occupy an hour ; and that not merely to 
serve the poor, (for no line of distinction is drawn) but is as 
free for the opulent Dutch Farmer with his immense possessions 
(and who as eagerly claims the advantages your Excellency 
has thus held out to him) as the most distressed pauper in 
Albany ; for which latter description of persons Memorialist 
can feely and has certainly exempted from Fees, while the 
Matrimonial Court (of which Mr. Rivers is President) has 
exacted the fvil amourU. Nay ! ! even compelled one man 
(and the very person too previously noticed, for whom 
Memorialist was desired by Mr. Rivers to perform gratuitously 

262 Records of the Cape Colony, 

the marriage Ceremony for reasons before stated) to return 
from Graham's Town to his own Location, a distance of Sixty 
Miles, to procure two RixdoUars to add to the Eight of which 
he was in possession, in order to make up the full amount, 
and which said Sum of Eight Rixdollars was actually offered 
for the Licence previous to his journey, but refused ! ! and 
Memorialist has in his possession this fact recorded in the 
handwriting of the individual himself. 

Comment. If Mr. Geary does not like his appointment why 
not resign ? The latter part of this is a gross and direct 

19th. That your Memorialist has not only the duties 
of the whole district to perform gratuitously, but persons 
of other Districts are intruding for their own convenience, 
and Mr. Rivers has declared that MemoriaUst must attend 
to them also, while a Clergyman in Cape Town having 
only one Service to perform on the Sunday has an annual 
Stipend of £800 sterling, and whose Surphce Fees are really 
** considerable " and immense, but Memorialist anticipates 
the most ample justice from His Majesty's Ministers, should 
it be refused him in this Colony, for His Majesty's Con^imis- 
sioners of Inquiry reprobated the practice of thus overwhelming 
a Clergyman with extra labour on the Sunday, after the fatigue 
he has incurred by the discharge of his regular duties. 

Comment. Not worth a Comment. 

20th. That your Memorialist also begs leave to submit to 
your Excellency another grievance in the want of a suitable 
Parsonage House with Glebe Land, nor has a suitable situation 
for a Church nor any proper accommodation for a Clergyman 
been thought of by Mr. Rivers, for he has lavished away even 
the Town Lands on his particular favourites. Servants and 
Labourers, while Commissioner Bigge declared to MemoriaUst 
that he had particular instructions from Earl Bathurst to see 
that the Clergyman was properly provided with Glebe Land, 
and such other comforts as might form an inducement for other 
Clergymen to reside in Africa, and the only House in the Town 
calculated from its detached and quiet situation for the 
residence of a Minister of the Established Church is the one 
for which MemoriaUst appUed to your Excellency even before 
it was appropriated, and which your ExceUency offered him 

Records of the Cape Colony, 263 

(before your Lordship had become a Party to the misunder- 
standing between Memorialist and Mr. Rivers), but which 
notwithstanding is occupied by Mr. Daniel Cloete (Brother in 
Law to Mr. Rivers) and the lately appointed Dutch Secretary 
of the District of Albany (though totally unacquainted with 
the legal profession), and to which Memorialist feels that he 
has a Superior claim from a prior application, as well as a 
knowledge of his official duties. 

Comment. The Secretary's House was twice offered to Mr. 
Geary, and refused, vide Enclosure No. 4. 

21st. That your MemoriaUst has expended upon his present 
dwelling House a sum not less than Three Thousand Rix- 
doUars ! ! and it is still particularly uncomfortable for a . 
Clergyman, nor is his Garden half enclosed, even Mr. Rivers, a 
few days prior to the arrival of your Memorialist, had actually 
stripped it of a great part of its fence, and conveyed it to his 
own premises, and the natural consequence of the exposed 
state of his Garden is that the crops of MemoriaUst are suc- 
cessively devoured by Cattle which are straying about the 
Town, besides which there is Wathall on one side of him, and 
till lately a Canteen on the other, with numerous Hottentots 
trespassing on his grounds. The former is frequently annoying 
him by wholly turning off the water which should irrigate the 
Garden, or giving it a check to suit his own purposes, and the 
other by the noise of persons under the impulse of intoxication, 
even on Sundays ! ! so that his dwelling is rendered perfectly 

Comment. Vide same enclosure. 

22nd. That the place of your Memorialist being thus exposed 
for want of a Fence to the inroads of nightly depredators, his 
losses in Firewood are very considerable ; and Mr. Bigge 
declared to him (Memorialist) " that it was extremely cruel 
for a Clergyman to be thus elbowed by such people on each side 
of him," while the House before alluded to is so situated as to 
exclude most of these disadvantages, and has about four acres 
of Land attached to it, and to which place Memorialist still 
presses his claims if he must remain in the Colony ; for besides 
that portion of land (which is more than a single gentleman 
without a family can want for his own domestic purposes) 
and an increased Salary, a report is current here (which if not 

264 Records of the Cape Colony. 

true is easily contradicted) that he is shortly to be put in 
possession of one of the most extensive grazing Farms which can 
be procured for him, while it appears that the English Settler 
is confined to a spot insufficient for the support of his family ! ! 

Comment. The Report alluded to is the sole Invention of 
Mr. Geary for the occasion, I never heard of it. Vide Mr. 
Bigge's Letter, Enclosure No. 3. 

23rd. That your Memorialist begs leave to suggest to your 
Excellency that the house in which he at present resides is 
far more suitable for a Secretary than for a Clergyman, for 
the dread of a prosecution from him would always operate as 
a preventive to the existence of those unpleasant circumstances 
of which he complains ; and MemoriaUst therefore prays that 
your Excellency will give directions, for his occupying the 
aforesaid House, and that an equal Sum to that which 
Memorialist has expended on the present Government 
Parsonage be laid out on the other, to render it sufficiently 
commodious for his Family. 

Comment. Vide Enclosure No. 4. 

24th. That your Memorialist oppressed, persecuted, insulted, 
libelled and degraded by the insertion of his name into the 
public orders, as being dismissed from the Army, deprived of 
his just emoluments and curtailed in his Salary, requested His 
Majesty's Commissioners of Inquiry to forward an application 
to Your Excellency for permission to return to England at the 
public expence, after reimbursing him for the amount laid out 
on the Government House in which he resides, but which your 
Excellency was pleased to reject, and Memorialist has therefore 
no alternative but enclosing Duplicates hereof in a public 
Memorial addressed to Earls Bathurst and Liverpool, His 
Majesty's Ministers, in the event of your Excellency's not re- 
dressing those grievances of which he has so much cause for 
complaint, and rendering him comfortable in the faithful 
discharge of those important duties which devolve upon him, 
agreeably to the wishes of the Noble Secretary of State for 
the Colonies, and declared to him (Memorialist) by His 
Majesty's Commissioners of Inquiry. 

Comment. That Mr. Geary is degraded by his own conduct 
is most true, and degraded to the very lowest pitch. 

26th. That your Memorialist cannot conclude this his 

Records of the Cape Colony, 265 

Memorial without briefly laying before you the case of his 
Clerk, who has performed the duties of his oflBice more than 
Twelve months, and who was appointed at the same time to 
the Situation of District Schoolmaster, with a Salary of 600 
Bixdollars per annum and a House to reside in, but who 
Memorialist assures your Excellency has not received a Stiver 
thereof towards the support of his Family, (it having all gone 
for rent) and notwithstanding Mr. Rivers announced to His 
Majesty's Commissioners of Inquiry near two months ago, 
that " Your Excellency had authorized him to provide Howard 
with a residence," he still remains in the ^ame uncomfortable 
state, which he described to your Excellency so long ago in 
two successive Memorials, but to which he has received no 
answer up to the present moment, and if reports are correct 
it appears very likely that he will remain as he is for some 
considerable time, unless your Excellency be pleased to interfere 
in his behalf ; for the Commissioners stated that the old prison 
is intended to be formed into the District Schoolroom, where 
they said he was to have apartments provided for himself and 
family ; but the Builder of the new Prison retains possession 
of the keys until he is first paid the amount of his Bill for 
erecting the edifice. 

Comment. The Clerk has had an allowance of Rds. 20 per 
month, in lieu of apartments, till his apartments as schoolmaster 
shall be finished. 

26th. That your Memorialist humbly conceives he ought to 
have been the last person at the Frontier to have been thus 
persecuted by your Excellency, and he cannot forbear to state 
to your Lordship that he incurred no inconsiderable degree of 
obloquy in some of the English journals in consequence of, 
his getting up a coimter Memorial to serve your Excellency, 
(though most conscientiously done,) and^ he obtained near 
200 Signatures thereto while Mr. Rivers (altho' acquainted as 
Your Excellency knows he was with the whole of the circum- 
stance,) discouraged me from proceeding, for it is well known* 
that had he appeared in the business, so much is he respected 
here, that Memorialist may safely venture to assert that not 
half a dozen persons (exclusive of those employed in the 
Offices) would have taken the trouble of writing their name to 
the aforesaid Document Nay I ! would have spurned it from 

266 liecords of the Cape Colony. 

their presence, and if your Lordship has heard of the numerous 
complainants who have waited upon His Majesty's Commis- 
sioners of Inquiry (and all the most respectable Inhabitants 
of the District are included) your Excellency is no doubt before 
this period impressed with the fact that his misconduct has 
become a just subject for public animadversion. 

Comment. The Landdrost very properly opposed anything 
like an address that was not spontaneous, and as soon as I 
heard of Mr. Geary's endeavours I wrote to Mr. Rivers to 
check it, and found he had already done so. The address was 
forwarded to me, but I never noticed it in any way. 

27th. That your Memorialist (before he finally closes his 
Memorial) begs leave to call your Lordship's serious attention 
to the injury which His Majesty's Troops are sustaining, in 
consequence of their being deprived of the important advan- 
tages of attending public worship on the Sabbath day, and 
many of whom feel and lament it, but your Memorialist leaves 
it to your Excellency's candid consideration whether such an 
extraordinary prohibition is not producing most injurious and 
baneful effects on the Sacred Cause of Morality and Piety. 

Comment. The Service is regularly performed to the Troops 
as upon other Stations where there is no Chaplain, they are 
infinitely better without a Chaplain than one of Mr. Geary's 
malignant and rapacious disposition. 

(Signed) Charles Henry Somerset. 

28th. That your Excellency's Memorialist presents his case 
before your Excellency by Memorial, agreeably to the Statutes 
in that case made and provided, for the purpose of obtaining 
that redress to which he feels himself entitled as a Clergyman 
and a British Subject, previous to its being dispatched for 
England, where a part of it has already been sent to His Royal 
Highness the Commander in Chief ; and he now solicits Your 
Excellency to restore him to all the rights and privileges of an 
. English Clergyman while he remains in this Colony, agreeably 
to the advice your Excellency received from Earl Bathurst, 
and of which he has been so long and so unjustly deprived ; 
and Memorialist will ever pray. 

(Signed) William Geary, i 

Gbaham's Town, IQth April 1824. 

Becoi'ds of the Cape Colony. 267 

Letter from Lord Charles Somerset to Earl Bathttrst. 

Cape of Good Hope, 20th April IS2^. 

My Lord, — ^A vacancy having occurred in the Members of 
the Bank in this Government by the Death of C. S. Eckard 
Esquire, I availed myself of the opportunity to render the 
Salaries of the two remaining Members and the Cashier some- 
thing more adequate to the respectability and responsibility 
of their Situations, by not filling up the vacancy but adding 
Five Hundred RixdoUars per annum to each of those appoint- 
ments, rendering the two former Two Thousand One Hundred 
Eixdollars per annum each, and the latter Two Thousand 
RixdoUars per annum. I disposed of the remaining One 
Hundred RixdoUars per annum by adding it to the stiU very 
inadequate Salary of the Second Clerk in the Secretary's Office 
rendering it One Thousand Rixdrs. in lieu of Nine Hundred 
RixdoUars per annum, which arrangement wiU I trust meet 
with your Lordship's entire concurrence and approbation. 

On the recent Death also of J. F. Reitz Esquire, Commissary 
of Vendues, I have made an arrangement which I trust wiU be 
equaUy acceptable to your Lordship : the great Encrease of 
Business in this Department having greatly augmented the 
responsibility of it and having certainly rendered the Situation 
of Assistant Commissary quite as laborious as that of the Chief 
— I considered it beneficial to the pubUc Service to unite 
the Salaries of Commissary and Assistant Commissary and, 
appointing two joint Commissaries, to divide the Emoluments 
equaUy between them. I have accordingly appointed Charles 
Augustus Fitz Roy Esqr. and Egbert Andries Buyskes Esquire 
(the late assistant and of Sixteen years service in His Majesty's 
Government) to be joint Commissaries of Vendues, and I have 
required from each the fuU Security heretofore given by the 
Commissary alone. I have &c. 

(Signed) Charles Henry Somerset. 

268 Records of the Cape Colony. 


Zetter from J. T. Bigge, Esqbb., to LiBUTBNAiirE 
Colonel Bird. 

Graaff Reinet, 2l8t April 1824. 

Sm, — ^A representation having been made to us by Jos. Jm 
Frs. Maartens, an inhabitant of this place, that he has trans- 
mitted two Memorials to the Colonial Government, one in the^ 
month of May, and the other in the month of June of the yeai 
1821, praying that a place called Pienaars Baken near the 
Wagepads Berg in the Veld Cornetcy of Sneeuwberg in this 
District, might be granted to him, and that no answer has 
been received by himself, and no reference of the said memorial 
has been made to the Landdrost, I have the honor to request 
that you would inform me whether there is any note of the 
receipts of the memorials above described in the Books of your 
Office, and if so whether any Proceedings were held upon 
them. I have &c. 

(Signed) J. T. Bigge. 


Letter from Mb. William Edwabds to Lord Charles 
Somerset, with the Governor's Comments upon it. 

Cape Town, 22 April 1824. 

My LoRD,^-There have been instances where the unrelenting 
severity of an unfeeUng Parent has driven to desperation an 
amiable (perhaps a virtuous daughter) whose offending ha» 
arisen more from the warmth of affection than absence of 
chastity, and you are aware that calumny has often converted 
man to crime. 

This reflection, my Lord, arises from the knowledge that I 
was two days ago branded by one of your Dependants with the 
odious and hateful appellation of a " Radical." 

In repelling this falsehood, and declaring my loyalty to our 
Monarch, and affection to his Ministers, I must throw my 

Records of the Cape Colony. 269 

scabbard amongst your Minions ; yet I will be a bold, candid 
and an open Enemy, whilst I clip the Wings of every Bird 
which dares to croak or peck at me.* 

After your decision, on my appeal, in a prosecution, whereof 
you were the Father, (as appears by Mr. Brink's letter to Mr. 
Denyssen dated 30th of January,t notwithstanding the denial 
of yours of the 4th of February) in which had the case fairly 
proceeded you must have been a Witness, and herein both 
your Assessors were materially interested, and the Bird 
involved, I had resolved to waive all further correspondence 
with your Excellency on my own grievances, until we met on 
more equal terms before the Parliament of our Country, 
where I could assert and you hear my complaint, without even 
the supposition of an oflEence to the Sovereign of my heart. 

This resolution was confirmed by the insolent and 
peremptory tone of your private Secretary's threats, to punish 
the Calumniator of a person, whom I charged, because you 
had known his virtues for ten years. J 

My resolution was further confirmed by the knowledge of a 
similar acquaintance with Mr. Van der Riet, of George, Mr. 
Blair, Mr. Rivers, Mr. Wilberforce Bird, Mr. Kekewich and 
Mr. Denyssen, and almost the same acquaintance with the 
convicts in prison. However I have altered this resolution.§ 

I wrote to the Court of Justice some time ago, complaining 
of the illegality of my conviction on the prosecution of a 
Fiscal's Clerk, for what was called a " house molestation," it 
being contrary to your own Law, which enacts that the Fiscal 
or one of his Deputies shall conduct all prosecutions. || 

* This is a complete fabrication.- 

t As the letter of Mr. L. Cooke contained the foulest Calumny against 
Mr. Blair's Character, I referred it to Mr. Blair, who solicited that I would 
permit the Fiscal to prosecute in consequence of the Libel being directed 
against a Public Servant of the Government. Hence arose Mr. Brink's 
(the Assistant Secretary's) Letter of the 30th January 1824. 

X My decision in the Court of Appeals was not made imtil I had called 
upon the Chief Justice by an Order of the Court for his professional opinion 
upon the point of Law, and my decision was conformable to that opinion. 

§ This was a charge totally without foundation made by Mr. Edwards 
against the Chief Justice, which Mr. Edwards did not even pretend was true 
when he made it. 

II This was proceeded in in the usual manner. 

270 Records of the Cape CoUmm, 

When the Court returned my let* 
have not answered it. 

You will recollect, I comr' 
which Mr. Richardson (w' 
and in truth) was treat 
Felon, whilst a man of 
a fellow of no education, \ 
unwashed Artificer married to tu«. 
Court by a Bastard Hottentot, was perux. 
cutor, close to the Judge, and occasionally allo\>v.. 
in his ear.* 

Your Lordship must feel that this was a perversion of the 
Law, and imphes an arrogated power for your Ministers or 
yourself to construe your laws as you please. 

I beg pardon, implies I said, but I meant proved, because it 
was proved by your making a general law one day and 
authorising Doctor Roberts to trample on it the next.f 

I wish your Excellency had extended your permission to the 
whole conscientious body of the faculty, who are now pining 
at the uncharitable proclamation which constrains them not 
to charge less than the exorbitant TariflE of your flying Adviser. 
I am sorry to find that lost in the maze, the labyrinth of 
injustice, incongruity, and inconsistency, which surrounds me, 
I have wandered from my subject.^ 

I had almost followed your legislative Bird through his 

* Mr. Edwards committed a violent and unprovoked assault upon a 
respectable person and was fined 300 Rixdollars for it. The parents of 
Mr. Auret are persons of unimpeachable conduct, and he is a very worthy, 
able and laborious Servant of the Public. This is a base, unfeeling and un- 
warrantable attack upon a respectable Individual 

t I made no Law on this subject^ the Law that is alluded to was promul- 
gated by the Earl of Caledon, it was in some instances abused and was 
republished ; Dr. Roberts was not authorized by me to trample on it. During 
Sir Rufane Donkin's administration, he granted an exception to the General 
Law to Dr. Roberts, and it would not have been decorous in me to have 
revoked an indulgence extended to the Individual by the Acting Governor, 
nor would it have been just towards him when upon the faith of that indul- 
gence he had embarked aU his means in establishing himself in that Line of 

X The Tariff was fixed after due consideration of a Medical Board, and whilst 
it is consistent with the means and circumstances of the Community it is 
only a fair and very moderate compensation to the practitioners. 

Records of the Cape Colony. 271 

Regulations of Bakers, Butchers, Wine Buyers, Wine Sellers, 
Wine Growers, Brewers, Schoolmasters, Lawyers and Doctors, 
to recommend he would frame an omnipotent Regulation of 
the South-Easters. 

When I sat down, my only intention was to complain that 
I am prevented leaving the Colony by an excessive fine, levied 
on myself and my friend Mr. Richardson for telling a cheat of 
his roguery.* 

That this hinders me from seeking impartial justice in the 
case which you have decided, that we (being EngUshmen) who 
only told the truth, are put to an expence of near Six Hundred 
Rds. by a Dutchman, once a humble clerk in a Law Office, 
whilst a few days ago a rich Dutch Mulatto, who pursued and 
assaulted an unprotected female, the natural child of my 
Father's brother, was only fined Thirty Rixdollars by a Dutch 

If the latter fine was reasonable sure mine was excessive, 
the only charge against me being that I told a rascal I disliked 
his conversation. 

So now. My Lord, I claim as an act of justice that you enquire 
into the circumstances of my fine, and let it be remitted, that 
I may proceed to Europe to procure a revision of your Decree. 

I ask this as an act of Justice, not of favor. My Lord, because 
I abhor a favor from those who call me Radical. 

If you say this fine ought not to be remitted, I will pay it, 
but when I do I will wage war with an instrument whose point 
is dipt in gall, which will give a deadly smart to the hand that 
takes oppression's price. I ain &c. 

(Signed) W. Edwards. 
* The Assault for which he was tried and condemned. 

272 Records of the Cape Colony, 


Letter from Mr. William Hart to the Commissioners of 


Graaff Reinet, April 24th 1824. 

Gentlemen, — ^However painful it is to my feelings in 
lajring before you a case of distress, I trust a duty I owe to 
my numerous family, consisting of a Wife and seven Children 
unprovided for, will plead in excuse for my so doing. 

Permit me, then, Gentlemen, briefly to mention to you, 
that after having faithfully, and I trust honorably, served my 
Country as an Officer the best part of my Life, and attained 
the Bank of B. Lieutenant Colonel, I sold out. That subse- 
quently I lost by a failure in England, not only the fruits of 
my long Service, but property besides to a considerable amount. 
Thus situated, and having no resource whatever left for the 
Support of my family except three shillings per diem arising 
from the Half Pay of a Cometcy of the Royal Waggon Train, 
I cdme to this Country in the first ship of Settlers, with a part 
of my family only, in the expectation from the favorable 
accoimts that had been given of it, I should soon be enabled 
to send for the remainder, namely my wife and four Children, 
my circumstances being then such as prevented my bringing 
them with me, but, since my arrival in this Country, my views 
have been completely frustrated by the failure of my crops, 
and my Cattle and part of my agricultural Implements having 
(about seventeen months since) been taken from me by the 
CafiEres, which has not only disabled me from further exertions, 
but has left me as a husband and a parent in a most deplorable 
state, without the means of doing anything for my family or 
the prospect of again uniting it. 

fti this distressing situation, without even the ability of 
returning to my Wife and Children in England, of giving them 
the assistance they stand in need of, or of the means of renewing 
my exertions in this Country, the only hope now left to me is, 
that in. consideratioil of my long Services, you will do me the 
honor to submit and recommend my case to the notice of His 
Majesty's Government, and, in apologizing for the Hberty I 
have taken, I have &c. 

(Signed) Wm. Hart. 

Eecords of the Cape Colony. 273 

Memorial of Mr. Benjamin Wilmot. 

No. 9, Castle Street, Cape Town, 
Apnl 2Uh 1824. 

To His Excellency Lord Charles Henry Somerset, K.C.B., 
Governor of the Cape of Good Hope, &c., &c., &c. 

The Memorial of Benjamin Wilmot, late of Albany, Humbly 

That your Memorialist addressed your Excellency in the form 
of a petition in the year 1822, praying for a pecuniary com- 
pensation for the loss of six of his Oxen and damages occa- 
sioned by the neglect or misconduct of the District's Servants 
of Albany, the Scut Kraal Keepers, and setting forth the im- 
possibiUty of obtaining any redress from the Landdrost Harry 
Rivers, Esqre., to whose authority he applied for redress, who 
instead of settling this affair amicably between your Memorialist 
and the District, as it most undoubtedly was his duty to do, 
thereby to prevent Utigation, but he would never entertain 
the subject, nor gave any decisive answer whether he would 
act in the affair or not, a mode of conduct which operated far 
more to your MemoriaUst's disadvantage and damage than by 
his submitting to an actual denial of justice. 

That your MemoriaUst after 18 months anxiously anticipating 
a favorable result to his Memorial and patient expectation of 
being honored by your Excellency's pleasure on the subject 
to no effect, was conscientiously, compelled in justice to his 
creditors to institute legal proceedings to recover compen- 
sation of the District, that in doing so your Memorialist, not 
being then acquainted with the Colonial Laws and the par- 
ticulars to be observed, applied to Mr. Onkruydt for a Summons, 
there being no advocate or SoUcitor on the frontier, who instead 
of advising what was to be done, wholly refused to grant a 
Summons against the District, without assigning any reason 
for such refusal, yet acknowledged that the application was 
made in time. 

That your Memorialist on the arrival of the Honorable the 
Commission of Circuit, presented a Memorial to that Court 
for a Summons against the District as proprietors of the Scutt 

xvn. T 

274 Becords of the Cape Colony. 

Elraal, setting forth Mr. Onkruydt's refusal and the particulars 
of his Case, which they granted after a long discussion with 
your Memorialist on points of Law connected with his Case. 
That your Memorialist and his Witnesses were summoned to a 
hearing, but instead of his Suit being brought on, he was 
honored with a private audience, when a string of objections 
or Law points were urged by the Court in bar of his Case, but 
which your Memorialist flatters himself he overruled, as that 
Court decreed in answer to a second Memorial addressed to 
their Honors " that they could not proceed to a hearing, 
without further powers from Cape Town ; " what those powers 
were your Memorialist did not then know, nor could he learn, 
therefore could not object to it in reply, as he would have been 
enabled to do with effect, if he had been made acquainted with 
merely the name of those powers, which he now supposes to 
be the decree Venia Agendi, a term he has since become 
acquainted with. That he laid the above facts and all the other 
circumstances relating to this Subject fully before His Majesty's 
Commissioners of Inquiry, who in one of the interviews he had 
with them was directed to apply at the Landdrost's Ofl&ce and 
enquire if any and what answer your Excellency had made to 
the above-mentioned Memorial of 1822, and obtained a written 
communication from Harry Rivers, Esqre., as follows : 

Gbaham's Town, llth March 1824. 

Sir, — Having made all the inquiry in my power relative to 
the loss of your Cattle from the Pound in the year 1822, and 
the losses and damages which have accrued to you in conse- 
quence thereof, / Jiave reported to the Colonial Office in reply 
to your Memorial to His Excellency the Governor on the 
subject, and I have stated that I consider you entitled to be 
reimbursed the value of the oxen, and compensated for the 
loss of their work, which upon a general view of the whole 
transactions, cannot be estimated, including the value of the 
oxen, at less than five Hundred Rix Drs. I shall not fail to 
communicate to you His Excellency's decision on my report. 

I am Sir &c. 

(Signed) Habby Bivebs« 
Mr. B. Wilmot. 

Records of the Cape Colony, 275 

That your Memorialist in consequence inquired at the 
Colonial Office to leam your Excellency's decision, and pro- 
duced the Original Letter to Mr. Brink, who said that no 
Traces of any such report could be found. 

Your Memorialist being very desirous to return to England, 
where his family's affairs, and his own prospects of doing well, 
demands his presence, was then disposed to accept the 600 
Kds., if paid without further delay, although he is prepared 
with oral proof and written documents to shew that Two 
Thousand Rixdollars would not cover his damages Costs &c. 

Your Memorialist hopes Your Excellency will be graciously 
pleased to do his case that Justice it deserves, and prevent 
the necessity of his following up his acknowledged claim 
through the public Courts of Justice, and thereby afford him 
the means of returning to his Native Land and the bosom of 
his family. 

And your Memorialist will ever pray &c. 

(Signed) Benjamin Wilmot. 

Letter from Lobd Chables Somerset to Earl Bathtjrst. 

Capb ov Good Hope, 2^h April 1824. 

My Lord, — I have the honor to acknowledge the receipt of 
Your Lordship's Despatch (circular) under date of the 30th 
April 1823, and in compliance with the directions therein con- 
tained, to transmit to your Lordship Returns of the Revenue 
and Expenditure, Civil Establishments, Population, Exports 
and Imports and Currency &c. of this Colony for the Year 
1822, Duplicates of which will be forwarded by the first 

The minuteness of detail, and the constant necessity of 
reference to distant authorities, which were essential in the 
compilation of the additional Returns, to which Your Lordship 
called my particular attention, have alone prevented the com- 
pletion of these Documents within the period prescribed by 

T 2 

276 Becords of the Cape Colony. 

Your Lordship ; but I am satisfied that all possible expedition 
has been used in preparing them, and that they contain the 
most accurate information on the subjects which required 
elucidation. I have &;c. 

(Signed) Chables Henby Somerset. 


Letter from Mr. William Edwards to the Judge in Appeal, 
with Lord Charles Somerset's comments on it. 

25 Long Mabkbt Street, 26/A A'pril 1824. 

My Lord, — I am retained by Mr. Richard Stone to present 
a Statement and take depositions of persons to substantiate 
by way of impeachment before the House of Commons against 
you for your recent judgment in his suit with your former 
servant and present dependant James Payne.* 

Altho' I will never do an uncandid thing (nor a severe one 
whilst other measures may be open), yet I will never shrink 
from the performance of my professional Duty, however great 
may be the danger or exalted the object of my attack. 

I therefore write to say that if Mr. Stone is indemnified from 
the illegal Sentence and interference of the Court of Appeal, 
I shall have discharged my duty, which is my first object, and 
shaU not speak any more on the Subject.f 

But if he is not so indemnified I must and will proceed in a 
way which will give you some trouble, so I pray you consider 
My Lord what will be said when your Language to Mr. Stone 
about your Stud, your threatening Language against him twice 
on the Race Course at Wynberg and once at the Cape Town 
Races in the presence of many persons four years ago is 

repeated 4 

Your expressions when this case commenced soon after, and 
also when his appeal was allowed to you contrary to the 
Colonial Laws, which you " ever considered it your first duty 

* In cases of appeal I recognise neither names nor persons, I only know 
the Appellant and Respondent.- 
t A pretence to extort Money.- 
X Four years ago I was in England^. 

Records of the Cape Colony, 277 

to act in obedience to and support of," and consider My Lord 
what will be said when so decided a proof of your countenancing 
the hiring of Prize Negro Slaves is exhibited by me, and before 
I proceed let the matter be rectified, for if I am necessitated 
to perform a disagreeable duty this affair will produce more 
mischief than you have yet seen.* 

I shall expect an answer to-morrow, or I shall the following 
day take the deposition and prepare the impeachment and 
petition for Mr. Stone. I have &c. 

(Signed) Wm. Edwards. 

* The Secretary of the Court in laying the case before me informed me that 
it was admissible by Law and deduced precedents in favor of that opinion. 
This was not a question before my Court, it was decided by the Court below, 
and not objected to by the Respondent's Counsel A Repetition of a threat 
to extort money, (Signed) Chables Hsitby Sombbset. 

Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, 28^A April 1824. 
My Lord, — I transmit herewith for your Lordship's Infor- 
mation a Copy of a letter which has been received from the 
Secretary to the Board of Treasury, covering two Reports from 
the Comptrollers of Army Accounts on Statements received 
from Assistant Commissary General Hewetson of the amount 
of Disbursements encurred and supplies furnished by the 
Commissariat Department on account of your Lordship's 
Government, since the year 1817, and which appear to exceed 
the sum of three hundred and ten thousand Rix Dollars ; and 
with a view to the prompt repayment of these disbursements 
to the Military Chest, I have to instruct your Lordship to take 
measures for the examination of the accounts, and to direct 
that such surplus Revenue as there may exist from time to 
time in the Colonial Treasury be paid over to the Commissariat 
Department. I have &c. - 

(Signed) Bathurst. J 

278 Becords of the Cape Colony. 

Letter from the Assistant Secretary to OovemmerU to the Fiscal. 

Colonial Office, 2^ April 1824. 

Sir,— I am directed by His Excellency the Governor to 
transmit to you two Letters (enclosed herewith) addressed to 
His Excellency by Mr. Wm. Edwards, a Notary Public at this 
place, under date 22nd and 26th instant, and to request that 
you will adopt such measures with respect to the Contents of 
those Letters, as the Law may direct. I have &c. 

(Signed) P. G. Br^k. 

Letter from the Landdrost of Albany to the Cdonial Secretary. 

Graham's Town, 2Sth April 1824. 
Sir,— In reply to your letter of the 20th September 1822, 
transmitting by direction of His Excellency the Governor for 
my report thereon a Copy of a Memorial from Messrs. J. 
and B. Wilmot, stating that Six Head of Cattle belonging to 
them out of eighteen which had been impounded had been 
lost from the Pound at this place, and requesting compensation 
for their value and the loss of their work, I have the honor to 
state for the information of His Excellency that having made 
very strict and special enquiry into the circumstances stated 
by Messrs. Wilmot, I find their statement to be correct, and 
that they have been considerable sufferers thro' the neglfect 
and misconduct of the Undersheriff , for which I consider them 
entitled to compensation. 

I have the honor therefore to submit to His Excellency that 
Messrs. Wilmot should be reimbursed the value of the oxen and 
compensated for the loss of their work, which I consider cannot 
be estimated at a less Sum under all the circumstances of the 

case than Five Hundred Rix Dollars, ^ ^'-^h. amount I trust 

His Excellency will be pleased to ord t to be prepa 

in favor of Messrs. Wilmot, to be re' he Under 

or other Officer thro' whose neg ould ap| 

Records of the Cape Colony. 279 

the Board of Landdrost and Heemraden who are now inves- 
tigating that point to have been the case, the loss had been 

With regard to the complaint of Messrs. Wilmot of the 
insufficiency of Rations issued to them, I submit that it does 
not require His Excellency's consideration. I have &c. 

(Signed) Habry Rivers. 


Letter from George Harrison, Esqre., to R. Wilmot 
HoRTON, Esqre. 

Tbeasueiy Chambebs, 29^^ April 1824. 

Sir, — I am commanded by the Lords Commissioners of His 
Majesty's Treasury to acquaint you for the information of 
Earl Bathurst that my Lords having some time since required 
an explanation from Lord Charles Somerset in regard to certain 
(Government Slaves at the Cape of Good Hope, have recently 
received from him the Papers Nos. 1, 2 and 3, of which copiies 
are transmitted, containing List of those Slaves together with 
an Extract of a Dispatch from Lord Caledon to His Majesty's 
Secretary of State for the Colonies, dated 25th July 1807, 
explaining the manner in which those Slaves were employed 
when the Colony was under the Dutch Government, and 
which appears to have been entirely of a commercial Nature, 
as the Slaves then belonged to the Dutch East India Company. 
From an inspection of the manner in which those Slaves are 
now employed my Lords entertain great doubts whether their 
Services are of such a nature as to justify the expence attendant 
upon their maintenance, and under this impression their Lord- 
ships request you will move Earl Bathurst to favor them with 
His opinion whether the Public Service at the Cape would be 
likely to suffer any inconvenience from the breaking up the 
Establishment of the Government Slave Lodge, an,d if that 
measure should be determined upon, in what manner it would 
be most advisable to dispose of the Slaves. I am &c. 

(Signed) Geo. Harrison. 

280 Becords of the Cape Colony. 


LeUer from the Acting Colonial Secretary to the Colonial 
Medical Inspector. 

CoLONiAi. Office, 3(Hh April 1824. 

Sib, — I am directed by His Excellency the Governor to 
acknowledge the receipt of your letter of the 16th Instant 
describing the wretched and appalling state in which you 
found two Prisoners in the Tronk on your late visit to that 
place, and I am to request that you will be pleased to make 
occasional visits to the Prison and to the Somerset Hospital, 
and report upon the same for his Excellency's information. 

I have &c. 

(Signed) P. G- Brink. 

Letter from the Acting Colonial Secretary to the Fiscal. 

CoLONiAX. Office, 30th April 1824. 

Sir, — The Colonial Medical Inspector having represented to 
His Excellency the wretched and appalling state in which he 
found two prisoners in the Tronk on his late visit to that place. 
His Excellency has in consequence instructed that officer to 
make occasional Visits to the Prison and to the Somerset 
Hospital, and to report upon the same for His Excellency's 
information, and His Excellency desires that you will cause 
separate accommodation provided for the Sick at the 
Prison and thereby secure to them that comfort which in their 
helpless condition they so much require. I have &c. 

(Signed) P. G. Brink. 

Records of the Cajpe Colony. 281 


Letter from the Acting Colonial Secretary to the Burgher 


CoiiONiAi, Ofeicb, ZQth April 1824. 

Gentlemen, — I am directed by His Excellency the Governor 
to acquaint you that he has instructed the Colonial Medical 
Inspector to make occasional visits to the Somerset Hospital 
and report upon the same for his Excellency's information, 
and I am to desire that every facility may be afforded to Dr. 
Barry in the execution of his Instructions on this subject. 

I have &c. 

(Signed) P, G. Brink. 

Letter from Mr. F. G. Farewell to Lord Charles Somerset. 

Cape Town, May lat 1824. 

My Lord, — In consequence of your Lordship's wish that I 
should communicate in writing my plans relative to the 
speculation I am at present undertaking to the South East 
Coast of Africa I beg leave to submit the following Remarks 
for your perusal. 

Having felt convinced that a trade might be established 
with the Natives on the Coast between the Cape Frontiers and 
Delagoa Bay, I last year went to a considerable expence in 
trying to form an intercourse as well as to ascertain the Capa- 
bilities of the Country, but in consequence of its being a 
dangerous Coast and our having four men drowned in at- 
tempting to land, as well as want of provisions, after a four 
months' absence we were obliged to return without accom- 
plishing our object and in consequence of chartering two 
Vessels for the occasion sustained a most considerable loss. 

Towards the conclusion of my last voyage we found a Port 
where a small vessel can be perfectly secure, and I am therefore 
induced to venture another trial, hoping that by making some 

282 Becords of the Cape Colony, 

stay there, we might get the Natives to bring their produce to 
Exchange for oiir goods, and which in time might lead to 
important advantages. 

My intentions are to keep a vessel constantly laying in port 
and to have a small party on shore, for the purpose of com- 
municating with the Interior and carrying on the trade. The 
Natives have already requested that we would come and 
traffic with them, and probably by a constant Intercourse we 
shaU eventually lead to a commerce of Importance to the 
Colony and advantageous to ourselves. 

For the purposes I have mentioned it is necessary that we 
should take a larger proportion of people than are required for 
the navigating the Vessel, and consequently we have about 
twenty-five persons including principals and servants besides 
her Crew. 

I hope your Lordship will conceive that our present under- 
taking is entitled to every encouragement, being one of much 
hazard, and if successful likely to lead to important advantages 
to the Colony in furnishing Articles of Export as weU as new 
Sources of trade and tending to the civilization of many popu- 
lous nations hitherto unknown to Europeans. I am therefore 
convinced from your Lordship's well known desire to improve 
the resources and prosperity of the Colony that in case of our 
having to solicit your aid on any future occasion to forward 
these views we shall meet with that patronage and assistance 
that has always distinguished Your Lordship's Government. 

I have &c. 
(Signed) F. G. Fabewell. 

Letter from the Reverend W. Dakins to Sir Herbert Taylor. 

Chaplain Genebal's Office, Wh May 1824. 
Sir, — ^The accompanying letter and enclosure of a copy of 
a letter written to Major Somerset was received this morning 
at the Chaplain General's Office, from the Reverend William 
Geary at Graham's Town, Cape of Good Hope. 

Records of the Gape Colony. 283 

Under the general instructions which I received from my 
superior, I am authorized to act in matters relating to this 
Office from my own discretion, and that, I trust, will serve as 
an apology on this occasion. 

In reference then to the subject of Mr. Geary's statement, it 
would seem that cognizance cannot be taken of it by the 
Chaplain General, but under the command of His Royal 
Highness the Commander in Chief, and for this reason. 

The Rev. William Geary is not a Chaplain to the Forces, but 
probably an officiating Chaplain to the Troops stationed at 
Graham's Town, employed by permission of the Governor of 
the Cape of Good Hope under the sanction of my Lord 

He may be the Colonial Chaplain, and called upon to assist 
the Reverend Thomas Ireland, Chaplain to the Forces at the 

This fact may be soon ascertained, and reference had to the 
Chaplain of the Forces, or to the Governor, in conformity with 
the pleasure of H.R.H. The Commander in Chief, on the 
subject of Mr. Geary's complaint. 

When, Sir, you have submitted the enclosures to H.R.H. 
you will have the kindness to notify to this Office the Commands 
of H.R.H. thereupon for the direction of the Chaplain General. 

I have &c. 

(Signed) Wm. Dakins, Ass. Chap. Gen. 


Appendix to the Memorial of the Reverend William Geary, 
with Lord Charles .Somerset's Comments upon it. 

Graham's Town, May 4th 1824. 
That Your Excellency's Memorialist since writing the 
previous pages of his Memorial despatched on the 20th April 
last, has understood that your Lordship's consent has been 
procured for Mr. Daniel Cloete, a Dutch Gentleman and the 
late appointed Secretary for this English District, to possess 
a considerable farm, and bearing in mind that your Excellency's 
avowed maxim in the administration of your Legislative 

284 JUecords of the Cape Colony. 

Authority is " audi alteram partem," your Memorialist feels 
encouraged to submit to your Excellency whether his claims 
to a Farm are not at least equal to that Gentleman's. Mr. 
Daniel Qoete has been on the frontier a little more than 2 
months, with a Salary encreased from One to Three Thousand 
five Hundred Riz-dollars ; while Memorialist has remained on 
the same spot more than a whole year in the constant and 
laborious discharge of his clerical duties. Your Memorialist 
(without meaning to cast the slightest imputation on the 
Office or Character of the Secretary) feels no hesitation in 
declaring (from the fact of his never having been educated to 
the profession of the Law) that he must be totally unacquainted 
with those legal duties which now devolve upon him, in 
conducting an office so important as that of Secretary to the 
Albany District ; while Memorialist trusts that he is neither 
ignorant of, nor remiss in the discharge of the duties of his 
profession. The Secretary is a single man, your Memorialist 
has a Wife and family of young Children. The Secretary is 
surrounded by 3 or 4 Acres of Land, besides an excellent 
Garden, the best planted perhaps of any in tlie District ; your 
Memorialist has expended 3000 Rix-dollars on a Government 
House to make it suitable for his family, and has had no 
land whatever assigned him, excepting an unfenced Garden 
overspread with weeds and containing but two wild fruits of 
not the Smallest value. That your Memorialist, besides the 
expences he incurred in improving his Residence, has laid out 
a considerable Sum on the aforesaid garden, in the wages of 
his Gardener for 8 months at 2 Rds. per day to clear it from 
the Rubbish with which it was covered ; and after bringing 
it into some tolerable order, it has become a prey to his 
agreeable Neighbour's Cattle and Pigs, neither can he obtain 
for its irrigation a single drop of the water that is appropriated 
to the Inhabitants of the Town, though Wathall on one side 
of him (the man who has been encouraged to insult him) 
obtains it 3 or 4 times a week, and frequently a whole day 
and night together, and his neighbour on the other side, the 
Keeper of a Public House, (and of a whole Tribe of pilfering 
Hottentots that are continually carrying away Memorialist's 
partial fence and forming Gaps for the admission of Cattle) 
can procure even more water than he wants, which induced 

Eecords of the Cape Colony. 285 

Memorialist, some months ago, to apply to Mr. Rivers, the 
Landdrost, for a more fair and equal distribution thereof ; but 
so far from obtaining any redress. Memorialist did not receive 
even an answer to his application. A great part also of this 
Garden the Landdrost has informed Memorialist will be taken 
from him, to form a public street, while the Secretary's House, 
from its detached, secluded and quiet situation, and presenting 
no means of annoyance from a disagreeable neighbourhood, 
would release a Clergyman from the necessity of litigating or 
making complaints, a conduct which he feels persuaded 
would have so impeded his usefulness that he has never on 
any occasion either impounded his neighbour's Cattle or 
required the amount of damages which has so frequently 
been done him by the trespass, nor even preferred a single 
complaint against any Individual for an injury of a private 
nature (though he has abundant cause for so doing) yet he 
thinks it extremely hard, when the means of redress are so 
reasonable, easy, and obvious, and in fact pointed out by Earl 
Bathurst in the letter which he had the Honor of delivering 
to your Lordship, that they should be withheld. 

That the application of your Memorialist for (what he must 
be permitted to call) the Parsonage House (and to which as 
long as he continues in the Colony he cannot renounce his 
claims) should be refused, because he has not in obedience to 
your Lordship's injunction made such a compromise of his 
honour or committed such an act of hypocrisy as to make a 
reparation to Mr. Rivers, the Landdrost of Albany, for having 
been injured by him, is rather extraordinary, a man whom 
Memorialist never offended, of whose conduct he has abundant 
cause of complaint, whose character it is impossible to esteem, 
and whose extreme culpability as a Magistrate Memorialist 
conceiviBS must become the subject of Parliamentary censure f 
It is true, your Excellency offered Memorialist the House in 
question some time ago ; but it was after he had expended 
the Sums of Money before stated in improving his present 
residence, before Wathall, his next door neighbour, had begun 
to insult him and make himself that nuisance which his imme- 
diate vicinity so readily affords him the means of doing, (and 
which made Commissioner Bigge exclaim it was cruel for a 
Clergyman to be thus elbowed), at a time too when Memorialist 

286 Becords of the Cape Colony. 

had received no answer to his application for a Farm (a refusal 
to which he had never anticipated), and whose grant would in 
a great measure at ifuU period have compensated the want of 
Olebe Land. 

That your Memorialist, after being refused a Farm, applied 
to your Excellency for annexing to the Chaplaincy a small 
piece of Land contiguous to, and not so large as his Garden, in 
consequence of its having been offered for sale (and which has 
since become a private purchase), but receiving no answer 
from your Excellency, Memorialist was induced to apply to 
Mr. Rivers for the aforesaid Parsonage before it was appro- 
priated, and received the following answer : 

Gbaham's Town, November Qth 1823. 
" Deab Sm, — On your declining the oflEer of the House late 
belonging to Captain Trappes, I communicated your decision 
to Lord Charles, who has since directed me to appropriate it 
to the Secretary of the District. I shall however represent 
your wishes to his Lordship, and sJiaU be happy to find them 
acquiesced in ! I am, dear Sir, &c. 

(Signed) Habry Rivers. 

But Memorialist having before had experience of Mr. Rivers' 
forget fulness, judged it prudent to apply to your Lordship for 
the aforesaid Parsonage in the following terms : 

Gbaham's Town, November llth 1823. 
" My Lord, — I have the honor to acknowledge your 
Lordship's Letter of the Ist Ultimo, and exceedingly regret 
that I should have the misfortune to have incurred your 
Lordship's displeasure, since I can truly say nothing was 
further from my intentions than to shew the slightest dis- 
j respect to any of the authorities constituting a part of your 

Lordship's Government. I should feel much obliged if your 
Lordship will allow me to accept yom* oflEer of the House lately 
belonging to Captain Trappes., for a residence, instead of the 
one that I at present occupy. I have stated my wishes on 
the subject to Mr. Rivers, who has the kindness to say he 
will represent them to your Lordship and shall be happy to 
find them acquiesced in. I have &c. 

i (Signed) William Geary. 

Records of the Cape Colony, 287 

To which your Lordship did MemorialLst the honor to reply 
as following : 

Nbwlands, NovefmibeT 2\at 1823. 

My deab Sir, — I had the pleasure to receive your letter of 
the 11th Instant yesterday, in reply to mine of the 1st October. 
As you assure me that nothing was further from your intention 
than to shew the slightest disrespect to any of the authorities 
constituting a part of my Government, I am concerned that 
you did not add that you had called on Mr. Rivers, and had 
offered that reparation to which I had observed his situation 
both as a Gentleman and a Magistrate entitled him. I trust 
it has been made ere now ; if not, I hope, permit me to say I 
expect, it will be made ! You have totally mistaken Mr. 
Rivers' character if you imagine it will not be cordially received. 
With respect to your change of House, I shall leave the matter 
to Mr. Rivers, as I cannot interfere if he has made any other 
arrangement, which it would be inconvenient to him to recall. 

In answer to the above letter, Memorialist had the Honour 
of thus addressing your Excellency : 

Graham's Town, December Zrd 1823. 

My Lord, — I have the Honour to acknowledge your 
Lordship's Letter of the 21st ulto. and beg leave to submit to 
your Lordship the enclosed Papers. Could I feel that I had 
given Mr. Rivers any just cause of offence, a sense of duty no 
less than my own inclinations would prompt me to make that 
reparation which your Lordship conceives he is both as a 
Gentleman and a Magistrate entitled to receive. But My 
Lord, in his judicial capacity he has certainly assumed an 
authority which Magistrates in England are not permitted to 
exercise over Clergymen, and which a sense of what I owe to 
my Ofl&ce urged me to resist ; and again on my expressing my 
sentiments to him on his interference, I know not with what 
justice he can accuse me of wounding his feelings as a 
Gentleman. Your Lordship does not want to be informed 
that tho' St, Paul became all things to all men, yet even he 
declares " I magnify mine Office." 

If I cannot preserve my independence as a Clergyman your 
Lordship must be aware that my usefulness is entirely at an 
end, for in preaching up submission to the higher powers. 

288 Records of the Cape Colony. 

which I have ever zealously and conscientimisly done, what 
attention or respect can I command from my auditory if I am 
supposed to be any way in my exhortations or exercise of my 
Ministerial duties under the influence or control of the Land- 
drost t Mr. Rivers shelters himself under a mere verbal 
inaccuracy from a charge which was svbstantially correct. I 
acquit him of having used the words " I will give an order (for 
the parties to be married), but he certainly did say. My Lord, 
** I will give directions for its being done," (for I had it from 
the Gentleman to whom he made the declaration). 

Hodgkinson was also told to come at any time. Now, 
Clergymen, My Lord, have ever had the right of appointing 
their own time. Mr. Rivers also declared to the same Gentle- 
man that there should be a total revision of the Surplice 
Fees ; and by that Regulation to which he has procured 
your Lordship's sanction, my Fees are nearly abolished. In 
drawing them up, My Lord^ Mr. Rivers could have been guided 
by no experience ; for when was it ever known that the Clergy- 
man's Fees were reduced to a level with the Clerk's ? And 
yet in five of the Items this is the case, and in Three of them 
the Clerk is remunerated for doing nothing, and being absent ! 
for it is the Clergyman's sole province to write out the Certi- 
ficates. Surely, My Lord, such Regulations must have been 
suggested by one who felt a pleasure in trying to injure and 
degrade a Clergyman ! 

I felt extremely hurt that your Lordship should deem 
my conduct reprehensible in making my charges under the 
guidance and authority of the secretary of the District, 
whose peculiar province it is to transmit to me notices of the 
Marriage Bans and the Marriage Licences, besides, being the 
only legal Ofp^cer in the District, it was perfectly natural in 
me to suppose that he was the most competent authority to 
refer to on the subject; and though his information was 
verbally communicated, it was not • made in private, but at 
my House in the presence of Mr. and Mrs. Onkruydt and 
Mrs. Geary, who are all willing to attest the same, and 
taking Pen and Paper in their presence I wrote down the 
information from the Secretary's own mouth. Surely, My 
Lord, there was something in this rather more " formal than 
mere verbal communication ! " And in the last Book which 

Records of the Cape Colony. 289 

is written on the Colony, and which report ascribes to Mr. 
Wilberf orce Bird, 25 Bix-dollars is stated as the usual Marriage 
Fee, Indeed I cannot but persuade myself. My Lord, that it 
is one which people in general can best afford, and are least 
iinwilling to pay. Hodgkinson was never refused by me to be 
married on a Sunday, nor indeed any Pauper, and had not 
h%8 behaviour been exceedingly disingenuous and shuffling, he 
would never have been refused the gratuitous performance of - 
the Ceremony on any day. For nearly a third of those whom 
I have united in Wedlock have been married gratuitously, 
and, indeed the greatest injury that I have sustained thro' life 
may be imputed to my having erred on the side of liberality t 
so that. My Lord, (as was intimated in a former letter) there 
could have been no danger in entrusting a clergyman with a 
discretionary power on these points. 

I have also to complain that Mr. Rivers solicited, and was 
guided by the advice of a Dissenting Minister ^ in establishing 
a school on the Lancasterian plan ! and persisting in this, 
contrary to my own protestations (by no means disrespectfully 
communicated) and accompanied by a printed discourse from 
the Bishop of Peterborough pointing out the vital importance 
both to Church and State of adopting the national plan. Mr. 
Shaw (the Dissenting Minister in question) told me himself that 
he felt a delicacy and scruple in giving the information Mr. 
Rivers requested to enable him to fit up the Schoolroom, and 
Mr. Shaw even begged, but in vain, that I might be consulted. 
It is true that in very lately doing away the Desks and 
substituting Forms, and admitting the Hottentot children 
(after Mr. Rivers declared he would not have a Hottentot 
Child in the School) an approach has been made to an Insti- 
tution on Doctor BeWs plan ; but a very needless ezpence has 
been incurred ; and even the merit of the alteration is entirely 
due to your Lordship's instructions. The mischief however 
has had its effect, and is still operating, for in consequence of 
Mr. Rivers soliciting, and acting on, thb advice of Mr. Shaw, 
the Dissenters have been emboldened to take advantage of it, 
for they at this moment employ coercive methods to keep the 
pupils of this school from attending the Service of the Estab- 
lished Church, and are encouraged by their Minister. For 
when Howard, in the mildest way possible, complained on the 

xvn. u 

S0b Stwrd^ of the Cape Colony, 

Btibjeet to Sir. Kay (another Dissenter and the Coadjutor of 
Mr, Shaw, the latter having gone into Cafferland) he became 
irritated, called him a Bigot, and declared that the Children 
Bhould not attend on the Sundays at the Established Church 
(an essential regulation in all Dr, Bell's Schools) but at their 
own MeEling, unless he had a wTitten order from Mr, Rivers, 
because he was sure the Landdrost was too much their friend 1 
to injure their Sunday School- 

I directed Howard, My Lord, to complain to Mr. Rivers on 
the subject, which when he did, he was required to send him 
a written representation of the fact. This was also complied 
with, but the Landdrost says that he is too much engaged to 
read Howard's Document ! ! and thus the mischief still remains 
unredressed ! 

Wathali, a man. My Lord, whose character is notoriously 
infamous, has not even been suspended from his OflGce since 
my two complaints against him, and the most active endeavours 
are made to screen him from Conviction and punishment, 
Mr. Hart, the superintendent of the Government Farm, has 
declared that this man deserved to be hung years ago. 
Your Lordship by and by will hear of his villanies, and be 
allocked that such a man should ever have been put into 
Office t Had I given intimation. My Lord, in England to a 
Magistrate whose Office was mor« immediate to superintend 
any of the public prisons of such infamous proceedings within 
them as I have ^stated to Mr, Rivers, the most active steps 
would instantly have been taken to ascertain the accuracy of 
the information and to redress the evib complained of. I do 
believe. My Lord, that I should have received a letter of thanks 
far my intelligence, instead of seeing the thing hushed up ; 
evidence rejected, tampering with ^*itnesses 1 ! and every 
impediment thrown in the way of bringing the guilty to 
punishment ; and that under the plea of incompetency in the 
Court to tr>- the case ; for it is well known. My Lord, that in 
the case of Stanley ixr^ms iluUegan, which was one of Defama- 
tion, the Bv^vAni of Landdn>st and Heemraden not only tried it, 
but awardeii Damages, and not a month ago a Heemraad 
(Mr, Diet*) kid a case of detamat ion before the Court of 
l^TTuitv but it w^s refem\l back to tf^^lostid of Landdrost 
and Ueemraden fi.*r their decision ! 1 

Records of the Cape Colony. 291 

If therefore, My Lord, serious injury in the reduction, I had 
almost said entire aboKtion, of those Emoluments which are 
the support of a Clergyman with a Family, and which in 
England preparatory to embai^tion he was taught to con- 
sider as his due, deprived also of those advantages which the 
meanest Clerk in Office can obtain ! if gtvdied insvU to a clergy- 
man of the Established Church ! as shewn in the above State- 
ment and enclosed Papers needs Separation, I will leave it to 
your Lordship to decide to whom it is due ! 

In respect to the House, My Lord, which you had the kind- 
ness to oflEer me twice before, I beg leave to remind your 
Lordship that I solicited it as a favor in my last letter. I am 
willing still to solicit it as a favor from your Lordship, and to 
accept it as a favor from yourself (notwithstanding my Official 
Letter from home declares I am entitled to Glebe Land), but 
I never can submit to ask it of Mr. Rivers. 

In concluding this Memorial your Memorialist begB leave to 
remind your Lordship that up to the present date no punish- 
ment has been inflicted on Wathall (the late Undenheriff but 
now first Messenger in the Landdrost's Office), but (bb 
Memorialist had already had the honor of informing your 
Excellency) his Majesty's Commissioner of Inquiry, Mr. Bigge, 
declared he ought to be punished, Memorialist thefefcne feek 
himself obUged to decline any further attendance in his pro-' 
f essional capacity at the public Gaol untfl the Prisoners toow 
that the Clergyman who officiates before ibem is not to be 
insulted with impunity by any of their Officers, far lev rewarded 
as Wathall has been, by your Excellency, for gach unpardonable 

(Signed) Wm^cEAET. 

Comment. Mr. D. Ooete has never applied for ^ P.™. 
nor did I ever hear of it but from Mr. G«Sw^e P«' 
What the aergyman has to do with the cifaict &^.„i 
know not, the Emoluments of the fornTS,^!^^ 
estimated, including fees, at 6000 or 7000 RdT^^JT 
although the ««1^^,';*; °°iy ^^- The «k^of Ae ^Z^ 
Secretaiy is fi-ed_-i????,««d«-. «a i^Z^S^I^ 
are carried to v^ 

V 2 


292 Records of the Cape Colony. 

the liilitary Chaplainoy neceBsaiy, might be reckoned at 6600 
Bds. per annum, a House which he acknowledged in a letter 
addressed to me he preferred to any in Graham's Town, (kept 
in repair), and Garden and a Servant from the Army, exclusive 
of Surplice Fees. 

The use of the Water is extremely well regulated in Graham's 
Town, and as Mr. Geary opposes all Regulations, of course 
the Quantum of water allowed him by the General Regulations 
of the Town affords him a topic for dispute. 

My Letter of the 21st of November 1823 was written in 
consequence of Mr. Geary not having complied with my 
Recommendation that he would make some acknowledge* 
ment or reparation to Mr. Rivers for most indecorous conduct 
towards Him ; this recommendation on my part was expressed 
in a letter to Mr. Geary dated October 1st 1823, and which it 
appears Mr. Geary with his usual candour suppresses. 

The rest of this paper contains such trash and falsehood as 
renders it too contemptible to comment on. 

(Signed) Chakles Henby Somebsbt. 

LeWar from Mb. P. G. Bbink to F. G. Fabewbll, Esqbb. 

CoLONiAi. Office, &ih May 1824. 

^ Sib, — I am directed by His Excellency the Governor to 
acknowledge his receipt of your Letter of the 1st Instant, 
and to acquaint you that His Excellency acquiesces in your 
taking the persons with you to the South East Coast of Africa 
whom you state to be necessary to prosecute your commercial 
undertaking there. 

His Excellency will hear with great satisfaction that your 
endeavours to establish a commercial intercourse and lay the 
grounds for civilizing the Inhabitants of that part of South 
Africa have been successful, but His Excellency begs that you 
will clearly understand that all your intercourse with the 
Natives must be conducted in a conciliatory manner and upon 

Records of the Cape Colony. 293 

fair terms of barter and that he cannot sanction the acquisition 
of any territorial possessions without a full communication 
being made to Him of the circumstances under which they 
may be offered and be intended to be received. I have &c. 

(Signed) P. 6. Brink, Assistant Secretary. 

LeUer from the Fiscal to Lord Chables Somerset. 

FiscAii's Office, tTie 50^ May 1824. 

My Lord, — I do myself the honor herewith to report to 
your Excellency, that agreeably to the communication which 
your Excellency has been pleased to make me on the subject 
of Mr. G. Greig's deviations from the prospectus of his SotUh 
African Commercial Advertiser I have acquainted Mr. Greig 
with your Excellency's directions, by telling him that he was 
to give security on or before Friday next in the sum of Ten 
Thousand Rixdollars, that in future in conducting the South 
African Commercial Advertiser the terms of his prospectus and 
memorial presented to your Excellency in July last, should 
strictly be adhered to, and by cautioning him at the same time 
not to allow the 18th number of his said paper to contain any 
matter not agreeing therewith, as otherwise the liberty hitherto 
allowed him to print the same would be withdrawn by Govern- 
ment, and his press locked up ; I also sigiiified to Mr. Greig 
that he was expected to exclude from his paper all publications 
of a scurrilous nature and not to insert therein the reports of 
trials before they should be finally^ concluded. 

As the uncertainty what might be his intention in publishing 
or not publishing in his 18th number the trial of Mr. W. 
Edwards, which is now pending in the Court, did appear to me 
to render some precautionary measure necessary, I did not 
hesitate yesterday under your Excellency's sanction to require 
Mr. Greig to furnish me with a proof sheet of his 18th number, 
and to desire him not to allow the same to be struck off until he 
should have received my further directions thereon ; this I 
was compelled to cause to be intimated to Mr. Greig by an 

294 Records of the Cape Colony. 

official Messenger, after he had been requested by me so to do 
by a note which however he considered inofficial. 

The proof sheets which I had the honor this morning to 
forward to your Excellency having been perused by me, my 
assent to its being printed was signified to Mr. Greig, who 
thought proper afterwards to insert the advertisement whereby 
the provisional discontinuance of his paper has been notified 
to the public, and wherein I am sorry to find my conduct has 
been strangely misconstrued ; it having been my only object 
in acting upon your Excellency's instructions, to remind the 
Editor of his engagement and not to suffer his paper which 
may be highly useful and entertaining, if conducted after the 
proposed plan, to degenerate into a pamphlet disseminating 
or dii!fcussing subjects of personal controversy, or relating to 
the Policy or administration of the Colonial Government. 

I have &c. 

(Signed) D. Dbnyssen. 

Letter from the Fiscal to Lobd Charles Somerset. 

Straio) Street, 5^^ May 1824. 

My Lord, — I do myself the honor herewith to enclose the 
proof sheets of the 18th Number of Mr. Greig's South African 
Commercial Advertiser although I was not satisfied with the 
leading paragraph and still less with the advertisement of 
fair play and the translation of Lacon's Sentences, I did not 
think it requisite to interpose any act of authority, Mr. 
Edwards's long speech in the Court, nor any part of the 
proceedings in his case having been therein inserted. 

I have &c. 

(Signed) D. Denyssen. 

Records of the Cape Colony, 295 

[Printed Copy.] " ' ^ 

DiacorUinuance of the *^ Commercial Advertiser. ^^ 

Wednesday Morning, 1 o'clock. May 5, 1824. 

His Majesty's Fiscal having assumed the Censorship of 
The South African Commercial Advertiser ^ by an OflScial Order, 
sent to the Printing Office by a Messenger late in the evening 
before Publication, Demanding Proof Sheets of the Paper for 
next day (this day), and prohibiting its being struck ofif " till 
we had received his further directions thereon," — ^we find it 
our duty, as British Subjects, under these circumstances, to 
discontinue the Publication of the said Paper for the present in 
this Colony, until we have applied for redress and direction to 
His Excellency the Governor, and the British Government. 

Our numerous Subscribers will, we trust, require no further 
explanation at present of this distressing interruption. They, 
and the rest of the world, shall be speedily put in possession of 
a full statement of all the facts : — one of which is a demand 
from the Fiscal of Two Securities, on or before Friday next, 
to become bound under a penalty of Ten Thousand Rixdollars, 
that nothing offensive shall appear in any future Number — 
such as Extracts from the experienced work of the Civil 
Servant, a work Published in this Colony, this year, by 
W. W. Bird, Esq. Comptroller of Customs, and Assessor of the 
Court of Appeals. 

We will only mention farther, at present, that not a word of 
this our last Number has been written or altered in consequence 
of the above-mentioned transactions, excepting this Notice. 

The Business of the Commercial Printing Office will he carried 
on as usual. 

296 Records of ihe Cape Colony. 

[Printed CJopy.] 
LeUer from the Fiscal to the Editor of the Cape '' OazetteJ' 

Cafb Town, 61^ of May 1824. 

Sir, — ^Having perceived in the South African Commercial 
Advertiser of this day an assertion that I had demanded of the 
Publisher of that Paper to become bound under the penalty 
of 10,000 BixdoUars, that *' nothing offensive should appear 
in any future Number," I feel myself called upon to disavow 
the use of any such terms or expressions. 

It having become necessary in the execution of my public 
duty to require the Publisher of that Paper to bind himself 
under a penalty to adhere to the Conditions voluntarily 
proposed by himself, under which he solicited permission to 
publish, I made that simple requisition and no other* 

I have &c. 

(Signed) D. Denyssek. 

Letter from Lieutenant Colonel Bird to J. T. Bigge, Esqbe. 

LiESBEEK CoTTAOi:, 6^ May 1824. 

Sir, — Being still confined to my couch without the power 
of putting my leg to the ground, I have been under the necessity 
of making inquiry relative to the petitions of J. J. F. Maartens, 
from the Gentleman in whose department these papers are 
filed, and I have now the honor to report to you, in answer to 
your letter of the 21st of last month, that Maartens' two 
petitions of the 12th May and 22nd Jime 1821 were duly 
received, and are filed with other petitions for land in the Field 
Cometcy of Sneeuwberg. I have to add that the Land Tenure 
in the Graaff Beinet District is in a more irregular state than in 
the other Districts, most of the land being held without title 
and without paying rent. It has long been an object to get 
this set right. The occupiers have been called upon therefore 

Becords of the Cape Colony. 297 

to take titles to the Lands so occupied ; upwards of 1000 
petitions are in consequence in the office. It was wished these 
should be examined into, measured and reported upon, Field 
Cometcy by Field Cometcy ; 133 petitions were accordingly 
sent to the Landdrost for lands in the border Field Cometcies 
of Sea Cow River, Rhenoster Berg, and Winterveld, but up 
to this period Mr. Stockenstrom has only had it in his power 
to report upon 36 of these, the diagrams of which are in the 
Inspector's Office. l^ 

It will be obvious to you that until the first parcel is disposed 
of, it would only cause confusion to forward more applications 
to the Magistrate, or to send single petitions, when the number 
in the office leaves room to suppose that many interests may 
be materially affected in the consideration of each, besides 
which it is foimd to be inconvenient to the Magistrate to go 
into a distant part of his District for a single petition, and it 
is very expensive to the Individual, who must in such case bear 
the whole charge of examination and survey. I have &c. 

(Signed) C. Bibd. 


Letter from Clergymen at Aberdeen to 
Robert Wilmot, Esqrb. 

Aberdeen, 6 May 1824. 

Sir, — ^We, whose names are subscribed, beg leave to request 
you will have the goodness to intimate to the Right Hon'ble 
Earl Bathurst, that Mr. Colin Eraser, who has already been 
honoured with his Lordship's sanction to prepare for dis- 
charging the duties of a Minister in the Reformed Church at 
the Cape of Good Hope, and has in that view been studying 
the Dutch Language in Holland, for several months, has now 
obtained Licence to preach the Gospel, according to the rules 
of the Church of Scotland. 

We therefore take the liberty also to state, that as soon as 
it shall please His Lordship to honour Mr. Eraser with a 
Presentation to one of the Churches in the Colony, he will 

298 Records of the Cape Colony. 

immediately obtain ordination by our Church, and thus be in 
readiness to embark for the Cape. We are &c. 

(Signed) James Boss, D.D., Senior Minister of 
John Mubray, Minister of Trinity 
[ James Bentley, Professor of Oriental 

Languages, King's College, Aberdeen. 

' [Original.] "^ 

Memorial of Mr. John Bailie. 
To the Bight Honourable Lord Bathurst, &c., &c., &c. 

The Memorial of Mr. John Bailie of the Hope, near Bathurst, 
in South Africa, Humbly presented by his Mother Anne Bailie, 

That your Memorialist is one of the first settlers who, con- 
fiding in the encouraging hopes held out to him, went out to 
Algoa Bay, having given up a good situation in the year 1819 ; 
and proceeded thither accompanied by his wife and family 
which consists of five Children. 

That your Memorialist has used every means in his power 
to cultivate and improve the ground of his location without 
success, from the great scarcity of water nothing will thrive 
even in a Garden, unless near a river, and that his Farm is 
situated ten miles from any river, every attempt at agriculture 
has therefore proved totally abortive. 

The intention of making this an agricultural district having 
completely failed, it can only be a grazing one, and it remains 
yet to be seen, whether it can be, from its rivers, a commercicJ 
one. Your Memorialist is anxious to use his humble endeavours 
to that end, and is therefore desirous of obtaining an Erf of 
Land at the Kowie river, and an extension of his private grant 
of land from 1000 morgen which it is now, to 2000, as there is 
plenty of vacant land that he can point out. Or your 
Memorialist would rather prefer the grant of such land as has 
been vacated by his party, as he is given to understand that 

Records of the Cape Colony, 299 

Government is going to resume all the vacated land on this 

To your Memorialisf it would be an Object, to Government 
it can be none. Your Memorialist has not yet received his 
title to his present grant, so that he may say even that it is 
not seciired to him, it was granted by Sir Rufane Donkin. In 
the hope that his request will be under all the circumstances 
of his case deemed reasonable, your Memorialist shall ever 

(Signed) Anne Bailib. 

May 6th 1824. 

7 Ufpbb Berkeley Street, Portman Square. 

[Printed Notice.] 
Notice to the Pvblic. 

Commercial Printing Office, 30 Longmareet Street, 

Cape Town. 

On Wednesday next, a Paper, containing only Advertise- 
ments, will be published at the above Office, and forwarded, 
for the accommodation of our Commercial Friends, to the 
Subscribers to the South African Commercial Advertiser^ at 
present suspended on account of the Fiscal's attempt to assume 
the Censorship of it ! 

May 8, 1824. 

[Printed Copy.] 
Avdi Alteram Partem.*^ 

On Monday Morning at Eight o'Clock, will be published, 
Pacts Connected with the Stopping of the Press, and the 
Censorship of the Fiscal. 

May 8, 1824. 

SoTTTH African Commercidl AdvertUer Office, 


300 Beeords of the Cape Colony. 

Letter from the Fiscal to Lord Chabubs Somebsbt. 

FiscAL*8 OmcK, the 8l& Ifoy 1824. 

My Lord, — ^I am under the necessity to report to your 
Exoellenoy that this morning about ten o'clock I was surprised 
to see from the window of my apartment in the Office two 
persons in the act of fixing on the opposite Wall, a notice 
whereof I have the honor herewith to annex a copy numbered 
I. I was soon afterwards informed that another advertisement 
whereof I also have the honor herewith to annex a copy tium- 
bered II, was stuck up at different places in the streets in Cape 

Mr. Greig the publisher of these Advertisements having been 
sent for by the Deputy Fiscal and cautioned to discontinue 
spreading the same, declined to obey this order, and even has 
resisted one of the Police Officers in the act of taking off the 

Under these circumstances I feel it imperative on me to 
request your Excellency's commands whereby I may be enabled 
most effectually to stop the irregularity at present going on. 

In case Your Excellency may be pleased to order the com- 
mercial press to be stopped, I will not lose time to give infor- 
mation thereof to the Chief Justice, and to request a Judicial 
Committee in order to accompany me on the occasion. 

I have &;c. 

(Signed) D. Dbnyssbn. 


Warrant for the Suppression of the '^ South African 
Commerciai Advertiser.** 

By His Excellency the Right honourable General Lord Charles 
Henry Somerset, one of His Majesty's most honourable 
Privy Council, Colonel of His Majesty's 1st West India 
Regiment, Grovemor and Commander-in-Chief of His 

Becords of the Cape Colony. 301 

Majesty's Castle, Town, and Settlement of the Cape of 
Good Hope in South Africa, and of the Territories and 
Dependencies thereof, and Ordinary and Vice- Admiral of 
the same. Commander of the Forces, &c. &c. &c. 

Whereas George Greig, by special permission of His Majesty's 
Government, Printer of the South African Advertiser in this 
colony, has not only openly transgressed the conditions under 
which such permission has been granted to him, but has more* 
over wantonly and seditiously persisted in doing so after having 
been warned by His Majesty's Fiscal, and in the name of the 
colonial government been required to give security for the due 
observance of the said conditions : 

Therefore, and in order to prevent the evil consequences 
which from any further forbearance might accrue to the peace 
and tranquillity of the colony, you are hereby authorized and 
directed, with the assistance of a commission from the wor- 
shipful the court of justice, to repair to the printing office of 
the said Greorge Greig, No. 30, Long-Market-street, and there, 
in the name of His Majesty's Government, to prohibit the said 
Greorge Greig continuing to act as printer of the South African 
Commercial Advertiser ; and further, in the presence of the 
said commission, to seal up all and every press or presses of 
him the said George Greig, in order to remain so sealed up until 
His Majesty's pleasure shall be known : 

And whereas the present conduct of the said George Greig 
has proved subversive of that due submission to the lawful 
commands of the constituted authorities in this colony, without 
which peace and tranquillity cannot remain undisturbed, you 
are further authorized and directed to notify to him, the said 
George Greig, that he is to leave the colony within one month 
from the date hereof, and that in default of so doing he shall 
be arrested and sent out of it by the first suitable opportunity. 

Given under my hand and seal this eighth day of May, one 
thousand eight hundred and twenty-four. 

(Signed) Charles Henry Somerset. 

By His Excellency's command, 

(Signed) P. G. Brink, Asst.. Secy. 

To D. Denyssen, Esq., His Majesty's Fiscal. 

302 Becards of the Cape Colony. 


LeUer from the Secretary of the Mtxtrimonial Court of Albany 
to the Landdroet of Albany. 

Obaham*s Town, 8^ May 1824. 

Snt, — ^In reply to your enquiries as to the fees charged, for 
the Registry of Marriages in Albany, and the application of 
the amounts received, I have the honor to acquaint you that 
the amount charged by me to each party appearing before the 
Matrimonial Court is Bds. 5 4sks. 3sts. 

RdB. SkB. 8t8. 

The established fee, which is carried to the District Chest . .500 
Stamp and Opgeld for Certificate of the party having passed the 

Court and authorising marriage 4 3 

BdSj 6 4 3 

This charge is however in some instances remitted, when 
the parties represent their inability to the satisfaction of the 

But with regard to your enquiry whether a Sum of Ten Rix- 
doUars has been heretofore exacted, and how that money has 
been applied, I regret to- say I cannot afford the information 
required, as there are no papers or Documents in the Records 
of the Matrimonial Court by which I can ascertain, whether 
such Sum has been formerly received, even had such amount 
been carried to the Credit of the District Chest. I have &c. 

(Signed) Daniel J. Cloete, 

Secretary Matrimonial Court. 

N.B. A Stamp of Two Skillings was used for the Certificate 
from the Matrimonial Court previously to the Publication of 
the Proclamation of the 30th April 1824. 

Records of the Cape Colony. 303 


Letter from the Landdrost of Albany to the Assistant 
Secretary to Oovemment, 

Gbaham*s Town, 8^ May 1824. 

Sir, — ^I have the honor to acknowledge the receipt of your 
letter of the SQth IJlto. informing me, by order of His Excellency 
the Governor, that in a Memorial which His Excellency had 
received from the Revd. Mr. Greary, that Gentleman, among 
other things, asserts that he had incurred the displeasure of 
His Excellency for no other cause than resisting the unjust 
attempts of myself to deprive him of the Surplice fees, contrary 
to those instructions which he knew had been forwarded to 
His Excellency from the Right Honorable Earl Bathurst, the 
circumstances of which you state Mr. Geary thus states : 
" An application was made for the gratuitous performance of 
the marriage ceremony in favor of a certain couple, when Mr. 
Rivers declared he would give directions for its being done, and 
pauperism in the Parties was the ostensible plea urged by him 
for his interference, but he (Mr. Geary) having discovered that 
Mr. Rivers permitted the Secretary of the Matrimonial Court to 
exact of tJiose very persons the whole amount of its accustomed 
fee of ten Rixdollars, he refused to comply with the application 
of the Landdrost made for that purpose " ; and I have the 
honor to state, for the information of His Excellency in reply 
to Mr. Geary's assertions, that I never declared or said to any 
person that I would give directions for the gratuitous per- 
formance of the Marriage Ceremony in favor of the couple 
alluded to by Mr. Geary, and that when I requested the 
gratuitous performance of the ceremony the Pauperism of the 
parties in question was the plea urged by me, and was the real 
and only motive I had for interference by requesting Mr. 
Geary to marry them gratis. I have the honor also to state 
that I never granted permission, or authority, to the Secretary 
of the Matrimonial Court to exact or receive from those or 
any other persons the fee of Ten Rixdollars, and further that I 
have no knowledge of such Sum having been exacted or received, 
as no such amount has been accounted for by the Secretary, 
by whom only fees are charged and received. I have made a 

304 Records of the Cape Colony. 

reference on this subject to the present Secretary of the Matri* 
monial Court, a Copy of whose Reply I have the Honor to 

In explanation of the circumstance which appears to 
have given rise to Mr. Geary's complaint and charge against 
me, I have the honor to transmit a Copy of a Memorandum 
thereof, taken at the time of his refusing my request for the 
gratuitous marriage of G. Hodgkinson, and of my correspon- 
dence on the occasion with Mr. Geary, which from motives of 
delicacy towards him as the Chaplain of my District, I was 
induced, notwithstanding the uncourteous language employed 
by Mr. Geary, and the general dissatisfaction created by his 
refusing to marry persons unless they should first pay a heavy 
fee, for which I could find no authority, to withhold from 
official representation. 

A perusal of Mr. Geary's Letters to me will shew that other and 
different motives than that now stated in his Memorial to His 
Excellency had induced his refusal and influenced his conduct, 
and that his assertion of my having said I would give directions 
for the gratuitous performance of the Ceremony, is unfounded, 
while I request permission to state that no application, reference 
or Communication, was ever made to the Matrimonial Court 
or to myself as to the payment of the Fees to the Secretary 
by Hodgkinson, of whose poverty I was totally uninformed 
until the difficulty and refusal of performing the marriage 
ceremony were told to me. I am not aware of what 
Instructions may have been forwarded by Earl Bathurst 
relative to Mr. (Jeary's Surplice Fees, but I have not received 
any other communication relative thereto than that contained 
in the Colonial Secretary's letter dated 2nd October last. I 
trust therefore it will appear to His Excellency that Mr. Greary's 
charge of my having made unjust attempts to deprive him of 
his Fees, and of my having sanctioned an improper exaction 
of Fees by the Secretary of the Matrimonial Court, is totally 
unfounded. With regard to the circumstance of Mr. Geary 
having, as he states, incurred the displeasure of His Excellency 
I cannot presume to be acquainted with it. I have &c. 

(Signed) Harry Rivers. 

Records of the Cape Colony. 305 

Letter from the FisoAii to Lobd Charles Somerset. 

Cape Town, ^th May 1824. 

My Lord, — ^I do myself the honor herewith to report to 
Your Excellency, that Your Excellency's Warrant prohibiting 
Mr. George Greig continuing to act as Publisher of the Sovih 
African Commercial Advertiser^ and ordering his presses to be 
sealed up, and further authorising me to notify to Mr. Geo. 
Greig that he is to leave the Colony within one month from 
the date of your Excellency's said Warrant, has been duly 
executed this afternoon in the presence of a Judicial Committee 
which consisted of the Members of the Worshipful Court of 
Justice Messrs. Neethling and Truter assisted with the 
Secretary. I have &c. 

(Signed) D. Denyssen. 

Letter from Lord Charles Somerset to Earl Bathurst. 

Cafb of Good Hope, lOth May 1824. 

My Lord, — I have the Honor to transmit to your Lordship 
copies of a communication from Mr. F. G. Farewell, relative 
to a commercial Speculation he is about to enter into, on the 
South East Coast of this Continent, with my reply thereto ; 
the terms of which I trust will meet with Your Lordship's 
approbation. Mr. F. G. Farewell is represented to. me as a 
Person of respectability, and I understand possesses some 
Capital. I have &c. 

(Signed) Charles Henry Somerset. 


306 lUcords of the Cape Colony, 

LeUer from Lord Chables Somerset to Eabl Bathubst. 

Cape of GJood Hope, \Oth May 1824. 

My Lord, — I do myself the honor to state to your Lordship 
that in the Month of January last, I acceded to the Memorial 
of a person named George Greig, who arrived here in March 
1823, to print a Weekly Paper called the South African Com- 
mercial Advertiser under the conditions and restrictions proposed 
by him in his Memorial and Prospectus. 

I have now the honor to report that the tone of the South 
African Commercial Advertiser has at no time been strictly 
accordant with the conditions expressly stated in the Docu- 
ments above alluded to, as your Lordship will perceive by the 
Copies I have the honor to transmit, those of the 7th and 21st 
of April particularly. It therefore became my duty to direct 
his Majesty's Fiscal, on the 3rd instant to require of the said 
George Greig to bind himself imder a Penalty of 10,000 Rix- 
Dollars to adhere to the conditions of his Prospectus and unless 
given by Friday the 7th inst. to stop the Press until the said 
Bond should be given, and meanwhile to require to see the 
Proof sheet of the Paper intended for Pubhcation on the 
5th instant. 

Annexure No. 4 is the Fiscal's report. No. 5 the Proof Sheets, 
and No. 6 the Paper as it appeared, in which your Lordship 
will perceive a wilful misstatement of the Fiscal's communi- 
cation with the Printer. The 7th instant passed without the 
required Security being offered or noticed, and on the 8th 
instant H.M.'s Fiscal availed himself of the Publication of the 
Oovernment Gazette to insert George Greig's Memorial and 
Prospectus and to correct the misstatement which had appeared 
in the Sovih African Commercial Advertiser on the 5th inst. 

The Enclosed Placards (Annexures 8 and 9) were posted that 
forenoon after the circulation of the Oovemment Oazette. No. 10 
is a CJopy of the Report made to me by H.M. Fiscal^ No. 11 
Copy of the Authority with which I felt it my duty, after having 
taken the Chief Justice's Opinion upon the Legality of the 
Measure, to vest H.M. Fiscal in virtue of the 29th Article of 

Records of the Cape Colony, 307 

His Majesty's Instructions to me as Governor of this Settle- 
ment, and No. 12 Copy of the Report of H.M. Fiscal thereon. 
It is matter of deep regret to me, My Lord, that a measure 
which I had hoped and anticipated would have contributed 
to the Instruction and Improvement, as well as to the amuse- 
ment of the Community here, has been converted to factious 
and mischievous purposes by the artifices of a few restless and 
disloyal men who have no permanent Interest in the Colony. 
I trust however that persons of diflEerent views and character 
may be found who will be willing to revive an undertaking of 
this nature with no other views than to render it beneficial 
and instructive. Meanwhile the Community here is not 
deprived of the Convenience of a Public Press, as, exclusive 
of the Government Weekly Paper, the South African Journal 
under the direction of Messrs. Pringle and Faure, continues 
to be published every two months. I have &c. 

(Signed) Charles Henby Somerset. 

Letter from Sir Herbert Taylor to R. Wilmot 


HoBSE GuASDS, 10^ May 1824. 

Sir, — In transmitting to you the accompanying Letter and 
enclosures from the Assistant Chaplain General, I am directed 
by the Commander in Chief to request that you will acquaint 
me, for His Royal Highness's Information, whether the 
Reverend Mr. Geary holds any appointment as Chaplain to 
the Troops at the Cape of Good Hope on the Colonial Estab- 
lishment, or whether any report respecting him, or the Trans- 
action herein represented, has reached Lord Bathurst. The 
Enclosures to be returned. I have &c. 

(Signed) H. Taylor. 

X 2 

308 Records of the Cape Colony. 

Letter from Mr. Thomas Philipps to R. Wilmot 


Lampeter neab Bathitrst, 
Cape of Good Hope, \Oth May 1824. 

Sir, — ^My Relative, Mr. Harris, of Bernard Street, forwarded 
to me copies of the correspondence with which you honored 
him in the months of September and October last, and in 
consequence of the directions which you were pleased to state 
to have been forwarded to His Excellency the Governor of this 
Colony, I immediately applied for an additional farm, a period 
however of 4 months has elapsed and no definitive answer has 
been given ; I have now completed 4 years on the spot which 
was appropriated to me, I have cultivated on an extensive 
scale each year, and each year have been disappointed, reaping 
only a little barley and Indian com, not sufficient even for the 
consumption of my family. My returns of corn ought to have 
averaged me £400 per annum. Instead of which they have not 
produced me £20. With these losses and of course diminution 
of my capital, it cannot appear surprising that I should wish 
to fly from the scene of such misfortunes, and that I should 
endeavour to invoke the aid of the more certain agricultural 
soil and climate of Van Dieman's land, as my Lord Bathurst, 
however, anxious. for our well doing in this Colony, has given 
directions that we should have additional farms to enable us 
to turn our attention to grazing, I have hitherto continued 
patient, but I must beg leave to remark that if the Land I have 
now applied for is not granted to me, there is not another spot 
in the whole District of Albany (unasked for) worth applying 
for, the Country ceded by the Caffres, at present called neutral, 
being the only unoccupied land. It will be improper that I 
should take up more of your time in expatiating on tMs subject, 
and indeed, quite superfluous, feeling thoroughly convinced 
from the patient and indefatigable inquiry of His Majesty's 
Commissioners, that nothing involving the Interests of the 
Emigrants can have escaped them. A Period however has 
arrived which bids fair to brighten the prospects of the British 
Settler, they in general feel assured that their artificial obstacles 

Bec(y>'ds of the Cape Colony, 309 

at least, will ere long disappear and by the encrease to their 
farms, they will be enabled to partake of the natural advan- 
tages of the Country, and at aU events, be placed on a footing 
with the native Boors. Under this impression, I had the honor 
of a conversation with Mr. Bigge on the subject of the necessity 
of an increase of Labourers, deprived as we are (and very 
properly so) of the use of Slaves, and subjected to the present 
enormous wages of Europeans and even of Hottentots, the 
latter demanding cent per cent more than they were accus- 
tomed to, we cannot compete with our neighbours. As Mr. 
Bigge was pleased to say that he not only entirely concurred 
with me, but that he had also written to you on the subject, 
it is not necessary for me to enlarge. 

As we fully trust therefore that we shall be allowed to have 
a portion of the Irish Labourers, for the transport of whom, 
an annual sum is voted by Parliament, we have agreed together 
on certain terms and on certain wag6s, as it is extremely desir- 
able that those Persons should know before they embark what 
advantages they are to expect from emigration and thereby 
save themselves disappointments from erroneous expectations, 
we have also agreed on deputing some Person from this colony, 
or in England, to have the honor of conferring with you on 
the best method to be taken, for the mutual Interests of 
the Government the Labourer and ourselves. I am not 
at present aware of the exact terms on which those were 
engaged who lately arrived at Cape Town, but there is 
one objection urged against the mode of distributing the 
adults and their families, and which must be grating to their 
feelings, particularly in a slave coamtry, that is the transfer of 
their Indentures for a premium. With boys and girls orphans, 
or who may have come out without their Parents, there might 
not be so much objection. The most advisable plan would be 
if Government would advance a certain sum per head for con- 
veyance and victualling, and to include all expences till landed 
in Algoa Bay, or at Port Kowie, and the People to be delivered 
over without any stipulation of premium, to those who will 
engage to fulj&l the agreements. I have commissioned Mr. 
Harris in the enclosed letter to make such enquiries as may 
be necessary as to the terms of freight &c., and if you will think 
it proper to give him an audience on the subject, I have no 

310 Records of the Cape Colony. 

objection to become answerable for the distribution and main- 
tenance of 1000 or 1500 persons to be sent out in the course 
of this and the ensuing year and likewise that no expence 
whatever shall accrue after the landing as above or be charge- 
able to the Government. I have &c. 

(Signed) Thomas Philipfs. 

Letter from Mb. Geobgb Gbeig to "Eabl Bathubst. 

Cape Town, 11«^ May 1824. 

My Lobd, — I did myself the honour to forward to your 
Lordship on the 15th of April last, per Asiay all the numbers 
then published of the SotUh African Commercial Advertiser, a 
newspaper I had recently established in this Colony. I now 
beg permission to present for your Lordship's inspection, the 
remaining numbers of that paper, and to inform your Lordship, 
that on Tuesday evening last His Majesty's fiscal in this Cx)lony 
(having verbally, on the Monday preceding, threatened to seal 
up my printing presses unless security were given to the amount 
of 10,000 rixdollars on the Friday following for its future 
conduct) stopped the paper, and on Sunday last sealed up my 
presses, and served me with the accompanying warrant. 

I think it only necessary at present to deny the truth of all 
the allegations of the warrant ; and to state, that as I did not 
conceive it necessary to seek for permission, so no conditions 
have been broken ; nor have I, in a single instance, been 
wanting in '^ due submission to the lawful commands of the 
constituted authorities ; " and even had this been the case 
I am amenable to the laws. 

As I will not lose a moment in laying before your Lordship 
such proofs of my entire innocence of the expressed or implied 
offences with which I am thus charged, and under the pretence 
of which I am thus ruined and banished, without being for one 
moment heard in my defence, I take the liberty of sending your 
Lordship these papers, together with a short statement of facts 
connected with the stopping of my paper, by the Hope, which 

Records of the Cape Colony. 311 

is now preparing to sail. On these papers I fearlessly rest my 
cause for the present, with your Lordship's justice. By the 
next vessel which leaves this place for England, I will forward 
to your Lordship facts and proofs sufficient, I trust, not only 
to prove my innocence but my merit ; and to procure that 
redress which it must be every man's own fault or remissness 
if he does not obtain from the truly paternal Government of 

The hurry of this letter will be excused by your Lordship 
when the circumstances under which it is written are explained 
in my next. I have, &c. 

(Signed) Gbobge Gbeig. 

Letter from Lord Chables Somerset to Eari- Bathurst. 

Cape of Good Hope, 14^^ May 1824. 

My Lord, — I do myself the honor to inform Your Lordship 
that I have this day transmitted to the Lords Commissioners 
of His Majesty's Treasury by the Ship Neptune, W, Edwards 
Master, the Accounts of this Government for the Year 1823. 

I have used every exertion in causing these voluminous 
Documents to be completed within the Three Months of the 
commencement of the Year, agreeably to Your Lordship's 
Despatch of 9th March 1822, and I am happy to say that they 
have been prepared some time, but no favourable opportunity 
having presented itself for the conveyance of Papers containing 
Original Vouchers previous to the arrival of the Neptune, a 
short delay has unavoidably occurred in their transmission. 

I have &c. 

(Signed) Charles Henry Somerset. 

312 Eecards of the Cajpe Colony. 

Letter from the Fisoal to Lobd Chables Somerset. 

Fi8CAL*s Ofteoe, 14^ May 1824. 

My deab Lord Charles, — ^I lose no time in enclosing to 
Your Excellency Copy of a Communication, which in conse- 
quence of my having pointed out to Mr. Pringle some very 
improper observations and hints on the Colonial administration 
found by me in his 2nd Number of the 8ouih African Jovmalj 
I just received from Messrs. Pringle and Fairbaim* 

I have &c. 

(Signed) D. Dbnyssen. 

Letter from Messrs. Pringle and Fairbairn to the Fiscal. 

Cafb Town, May \Uh 1824. 

Sir, — In consequence of your Official Communication of 
yesterday respecting the South African Journal we think it 
inconsistent with our personal safety to continue that pubh- 
cation. We remain &c. 

(Signed) Thos. Pringle, 

J. Fairbairn. 


Evidence given by Mr. Richard Millington to the 
Commissioners op Enquiry. 

WoBCESTEB, 15^ May 1824. 

How long have you been in this Colony ? 
Reply. Since the year 1817. 
Are you by trade a Carpenter ? 
Reply. I am. 

Records of the Cape Colony. 313 

You were a Soldier in the African Corps, I beKeve ? 

Reply. Yes, I was, and I got my discharge from Captain 

Where did you learn your trade ? 

Reply. In the City of Chichester. 

Were you in the employment of Captain Trappes at Tulbagh 
in the year 1822, or when the great storm of rain took place in 
that year ? 

Reply. I was. 

What work were you employed in ? 

Reply. Carpenter's work and in repairing the Drostdy 
House at Tulbagh. I had not done anything to it at the time. 
I had only prepared materials. 

Captain Trappes then had at that time intended to repair 
the House ? 

Reply. He had. 

In what state was the house before the storm ? 

Reply. It wanted new window frames and windows and 
floors to two of the rooms, likewise several doors. The back 
part of the house was flat roofed, and the Boards were rotten, 
and fell into the bedrooms. The beams likewise were rotten, 
and required to be renewed. The spanroof of the Front 
required thatching, and three parts of the Timbers required 
to be new. 

Were the Offices of the Landdrost's house, or the Secretary's 
house, in good repair ? 

Reply. I was never in the latter before the storm, and I 
don't know whether it wanted repair or not. A few repairs 
were wanting to the Offices of the Drostdy House. 

Were you at Tulbagh during the Storm ? 

Reply. I was. 

What effect had it upon the Drostdy Building ? 

Reply. It made a wide crack in the Gable end of the House 
nearest to the Secretary's, from the foundation upwards. The 
Gable also at the other end of the House was cracked so that 
the Rain fell in great quantities into the Cellar. The flat roofs 
let in the water like sieves, and everything was obliged to be 
moved out of the rooms. The Body of the House and the 
Pront Rooms were not affected, but by the Rain coming through 
the thatch. Two of the windows below were blown in, and 


316 Records of the Cape Colony, 

Transport and Commando had become absolutely necessary 
in order to pay the outstanding Debts on these heads. 

No resolution of the Board of Landdrost and Heemraden 
was ever taken relative to the Change of the Seat of Magistracy, 
but after that change was determined upon by the Colonial 
Government, a prospectus of the Finances and resources of the 
District was furnished to Government, of which the enclosure 
is a Copy. 

I have the honor to return you the Documents you trans- 
mitted Me, and beg leave to suggest that perhaps it might prove 
Satisfactory, were you to call upon the persons whose Opgaaf s 
have been submitted to you for a return of the rates of Taxes 
recently paid, which will prove that the high Rates paid last 
year are no longer considered necessary. I have &c. 

(Signed) C. Trappbs. 


Statement of Mb. P. J. Theron to the Commissioners 
OP Enquiry. 

TuLBAOH, 17^ May 1824. 

I was a Heemraad in this District for six years in the time of 
Mr. Fischer, who immediately preceded Captain Trappes, Mr. 
Van de Graaff preceded Mr. Fischer as Landdrost, and was the 
first person who filled that office on the Establishment of the 
Drostdy about 20 years ago, when this District was separated 
from that of Stellenbosch. I was Heemraad when Mr. Fischer 
gave over the District to Captain Trappes; it was in debt at that 
time, and Mr. Fischer was indebted to the District Treasury. 
He had taken several sums from the Chest, but for what 
purposes I don't know. They were mentioned in the District 
accounts. Mr. Fischer passed a Bond in favor of the District 
Chest for the amount. Don't know whether it is paid or not. 
The Heemraaden always looked over the yearly accountg before 
they were sent to the Cape. The Expenses were incurred with 
the consent of the Heemraaden, and at the end of the year the 
Receipts were seen by the Heemraaden and compared with the 
accounts. As I have heard Mr. Fischer Jaras not dismissed, hut 

Records of the Cape Colony. 3i7 

that he requested his dismissal. An Order had been sent by 
Government that the Heemraden should give up their keys 
of the Chest to the Landdrost and Secretary. Does not know 
the reason for the Order. Believes there was a debt due to 
the Lombard Bank. Does not know for what. The Drostdy 
House at this place was built at the expense of the Government 
in the time of Mr. Van de Graaff . The Inhabitants contributed 
their labour, and I think were not paid for it. Every year repairs 
were made to the Drostdy House, at the expence of the District. 
Think that the situation of the Drostdy House was not incon- 
venient. The Road from the Witzenberg Pass and that from 
the Mosterd Hoek's pass within a quarter of an hour from the 

The Gaol, Messenger's, Secretary's, and Sheriff's house were 
attached to the Drostdy. The land attached to it was of 
different qualities, good and bad, there was sufficient water ; 
Captain Trappes cultivated some part of the Land. Waggons 
stiU come over the Witzenberg pass from the Roggeveld, and 
it could be made good at an inconsiderable expence. 

In heavy Rains the Breede River is deep, but not particularly 
so, it is a long time before it runs down. Sheep and Cattle 
have to swim through the Berg River. 

The opinion of the Heemraaden was never taken respecting 
the removal of the Drostdy from Tulbagh to Worcester. I 
knew nothing of it till the Proclamation of the 16th September 
1 820 was issued in the Gazette. Mr. De Lange was the first special 
Heemraad appointed. He is dead, and I succeeded him on the 
20th April last. I exercise my Functions alone, assisted by a 
Clerk. I take cognizance of small complaints between masters 
and slaves, Hottentots and Christians. I receive a Salary of 300 
KixdoUars per annum, but I am obliged to pay my Clerk and 
that absorbs my whole salary. I have no allowance for House 
rent or Lodging, but my office is at my Clerk's House, who 
offered it for nothing. Money transactions are settled by the 
Xianddrost and Heemraaden. I follow the regulations that 
-were issued by Sir R. Donkin for the guidance of special 
Seemraaden. I can imprison individuals on suspicion, 
reporting to the Landdrost. Contracts of hire of Hottentots 
axe made before me, but I don't apprentice Children. The 
^'^ Veld Comets are directed to be made to me first. 


318 Records of the Cape Colony. 

and then transmitted to the Landdrost. I have Two Constables 
and two Caffre Constables and an under SheriflE. All the 
Expences are defrayed from the District Chest at Worcester. 
I must have the sanction of the Landdrost for any Expences 
that I incur. The Opgaaf is not received here. All Persons 
repair to Worcester to pay it. It would be to the convenience 
of the Inhabitants of the Eastern, Northern, and Western 
Field Cometcies if they were allowed to pay their Opgaaf here, 
The great inconvenience sustained by the removal of the i 

Drostdy to Worcester is the encreased Distance and the ' 

detention arising from the swelling of the Breede Biver. 1 

The Outspan places have been preserved, they are all fixed- \ 

Those appropriated to this place are about an Hour distant ' 

from it. The Inhabitants of the village used to occupy for 
grazing their Cattle, a piece of ground close to the Drostdy. 
Now they use it no more, as it belongs to Mr. Heatlie. Many 
of the Inhabitants of Tulbagh possess com places in the neigh- 
bourhood, and some have vineyards also- Some also have a 
Profit from the produce of their Gardens. There are a few 
Mechanics, but the Majority are Farmers. 

I know of no lands that have been given to individuals from 
those places, except in the case of Philip Schmidt the Field 
Comet, who I believe has had a portion. 

In some years the Inhabitants of the Bokkeveld reap a good ^ | 

deal of com, but in the Roggeveld the Crop is frequently i 

destroyed by the Frost. The district of 24 Bivers produces a i 

great deal of com, that is conveyed direct to the Cape< There j 

are many Hottentots hired in the District, some of them are 
very fond of changing their Masters except where they connect 
themselves with the slave girls. When their time of service is 
out, they get a certificate from their Master, and apply to the 
Field Cornet to renew their Contract. If they go out of the 
Field Comet's district, they obtain a pass from him to enable 
them to find a Master. This time is limited to 48 Hours. If 
the Hottentot wishes to go beyond the period of 48 hours, or to 
a greater distance, he must have a pass from the Landdrost. 

I don't know whether Field Comets have given passes to 
Hottentots wishing to go to the Institutions. Mr, Voa a 
Missionary resides here. He preaches on the Sunday aftemooa t. 
to the Heathen (Slaves and Hottentots) after the Church 

Baords of Ou Cape Co/oiiy. S19 

Service is over, a good many attend ; a House is appropriated 
on purpose, provided and supported by the contributions of 
the Inhabitants. I bdkve that the Slaves are taught to read* 
I think that the Slaves are well treated in this District. The 
greatest number of stripes that I am empowered to inflict 
amounts to 39. Slaves are not punished at the Tronk without 
my Order or Sanction. 

The Tax uix)n Slaves was proposed to the Landdrost and 
Heemraaden in a Letter from the C!olonial Government, as 
explained to the Heemraaden by the Secretary, for the purpose 
of defraying the expences of the new Drostdy. It was intended 
to last for three years. The expenses incurred for Transport 
and for provisions, on killing of tigers and wild Animfds, were 
very considerable, and it was necessary to augment the Opgaaf 
to meet them. 

I always understood that the Tax upon Slaves was proposed 
to defray the new Buildings at Worcester. The Cattle place 
at Witzenberg was sold at the same time as the Drostdy, it 
produced 20,000 Guilders, and belonged always to the Land- 
drost of Tulbagh. 

I saw the Drostdy House after the heavy rains in the year 
1822. One end of the house on the north was cracked, but it 
did not appear to be of consequence. The Pillars of the 
verandah had fallen down, the Roofs of the House were not 
damaged but leaked, that of an aviary on the outside fell in. 
The Roof of the front of the House was not damaged, the rain 
had come through the thatch, but it was quickly repaired. 
There was a passage at the back of the House which leaked. 
The Landdrost requested the Heemraaden to inspect the house, 
which they did some days after the storm, accompanied by the 
Landdrost. They made no report upon it. Know of no report 
that was made to the Colom'al Government upon the state of 
the Buildings, but believe that the Landdrost sent a report to 
the Grovemment. 

The Landdrost asked my opinion respecting the cause of 
the crack in the gable, and I said that I thought it proceeded 
from the heavy wind and that it might be easily repaired, being 
only in the plaistering. The Landdrost expressed his opinion 
that the whole Gable should be pulled down and rebuilt. I 
.^Avisgd that it should not, and it has remained ever since. 

320 Records of the Cape Colony. 

The Secretary's House, the Tronk, and Messenger's House had 
all received injury. I did not observe that the windows of the 
Drostdy House had received any injury, or that they were 
blown in. The Landdrost asked the Heemraaden their Opinion 
upon the state of the Drostdy House as they saw it. They 
said that they thought it should be repaired wherever repairs 
were wanted. The Landdrost expressed no opinion, but made 
a journey to the Cape, the result of which was not known to 
me at least. 

Before the Storm happened the Drostdy had been partially 
repaired. I know of materials being procured, and I suppose 
that it had been intended to make some repairs. I know that 
it was his intention to have it painted. The cost of painting 
it in oil would have amounted to 1000 RixdoUars. Never 
made any estimate of the expense of repairing the Drostdy and 
Buildings after the Storm, nor do I know of any. I think that 
800 Rds. would have accomplished it, With the exception of 
new thatching. I think that from 2 to 3 Thousand Dollars 
would have repaired it completely. 

Never heard that it had been the previous intention of the 
Governor to remove the Drostdy from Tulbagh to Worcester. 
The latter had been established for about three years before 
the removal. I have seen the House since Mr. Heatlie occupied 
it, and since he has made all the necessary repairs to it, and it 
has stood the heavy rains that fell last year extremely weU. I 
think that the removal of the Drostdy to Worcester is pro- 
ductive of great inconvenience to the Inhabitants of the 
Districts on the North, West and East, principally on account 
of the encreased distance and the passage of the Breede River. 

(Signed) P. J. Theeon, Special Heemraad. 

LeUer from Lord Charles Somerset to Earl Bathurst. 

Cape of Good Hope, 18^ May 1824. 
' My LoRDJ— Considering it highly necessary that steps 
should he tAkien to insure the performance of Divine iService 
in the Prison in Cape Town on the Sabbath Day, and to afford 

Records of the Cape Colony, 321 

religious Instruction to the iwisoners, I have for the present 
engaged the Services of a competent Instructor, at the rate 
of Thirty-five Rixdollars per mensem, for these objects. A 
measure which I trust will meet your Lordship's entire con- 
currence, and I beg to solicit that Your Lordship will be pleased 
to communicate Your sanction thereof to the Auditors of 
Colonial Accounts. 

I regard this as a temporary arrangement, being in Expec- 
tation that the Duties of the Clergy of this Town may at an 
early period be so regulated as to enable them to give their 
assistance permanently in the prison at a reasonable com- 
pensation, of which I shall do myself the Honor to apprize 
Your Lordship. I have &c. 

(Signed) Charles Henry Somerset. 

[Office Copy.] 

Letter from R. W. HortOn, Esqrb., to the Commissioners op 


Downing Street, 18^^ May 1824. 

Gentlemen, — I am directed by the Earl Bathurst to 
transmit herewith for your consideration a copy of a Memorial 
which has been addressed to His Lordship by Mrs. Ann Bailie 
on behalf of her son Mr. John Bailie a Settler at the Cape of 
Good Hope, praying that he may receive the grant of an erf 
of land at the Kowie River, or that his present allotment of 
land may be extended to the amount of two thousand Morgan. 

I am &c. 

(Signed) R. W. Horton. 


J^^mar'ZMaum. f/ lis. "^mw^ih "^it;!..!^ 
" n 5-^ . .^h "f Mas- i. ZleiHHS'r: 

*> .1^ -^rj^TWrt mnn aie- Ji die -TMiwcsg: .Bf i nfr : "^ 'M. Sc: yoiL 

fAn^ ^aui manner, 'rf ii&vms jahsved. ' 
0^rr*»mmettt -srth. ^crcRme iiaraoeer shi T»iit!Mnf, at ! 
mii<renn>:4mii>»d ai« anniic 'snunicc aiii TyianH?wg . and 
^^nri^ v^ ii^^ immerrred ^smrnmeiy -ipaiL ois acmmxis&aasa 

On my ffwwfttms^ i» know :aie armunik of 
Chitr^jii, Hiii Lijniaiiip pninced taa die ^ir^icie ** ok one 
fMd prnfiip^nt» (\t di^ Rntriiffh Knifgnniig "^ in. AgaBeaniiiiingher 
6f '^nr ;f>nr9ai, and oouiiiigaiig^aie note wtiick lie md j^^ 
t^ nhi^ f iiical oti the I^^l he dananded, it :iisL wm& my wnLu^ 

r ff^liM it w^ axui that I adEoed to the Sasximsasts I bad 
th^^ ^xpr^M^ bat that I entirely disclaimed in that or aiir 
6thi^ jir:t ;ui7 'mtenthrmiii dise^ect to Ejs ExceOiQicy or the 
O/yy-^mtttimt, *nd that bem^ conacioas of no fctult I Mt mjsrif 
Xtf^^iUA r^frj miurioTisdj in being this sabjected to Iiaiyi 
Vf^fpfA and iMTer^ imptitatioo§. 

Hk Ltrnhhip then launched oat again in a sdll moce Tiolent 
tmuJe i^f^rmt mj coodnct^ leitesating his accosatkaiB and 
fKf^Mi^b^ in the most eaiting and sarcastic tenns, and adding 
that rack eondnet waa pecoHariy obnoxioiis and insaferaUe 
f rmn r/oe who had reeetved, both in my own perscm, and f<Hr 
the hetuxA c4 my friends and relations, so many faTois from 
the (UAfmidX Government. My Brothers, and Party on the 
Frontier, he observed, had received repeated enlargement of 

Records of the Cape Colony, 323 

their agricultural allotments. A market had been opened for 
their surplus produce at my suggestion by the Government. 
I had myself received not only my present appointment in the 
Government Library, but had been indulgently permitted to 
open a School also " although the duties of the one were not 
very consistent with those of the other," and considering that 
all this, and more had been done for me, how had I the in- 
gratitude and unparalleled effrontery to write that insolent 
letter to the Fiscal and to sign that Memorial, got up by a 
factious Party to the King in Council for a free Press ? How 
did I dare to do such things and to obstruct and insult his 
Government ? 

While his Lordship heaped these reproaches upon me, and 
many more of a like nature, of which I do not precisely recollect 
the terms, with a style of language, a tone of voice, and a glance 
of eye, exceedingly overbearing, taunting and insolent, I confess 
to you. Gentlemen, that I felt the blood boil in my veins, and 
my frame tremble with deep indignation ; and had he been a 
person, whom I could have answered on equal terms, I should 
never have brought the cause to your Bar, nor that of the 
Public. He should have answered at his peril for every 
reproach he uttered. But as it was, I controlled, with whatever 
difficulty, my feelings, and answered the Representative of my 
Sovereign with due deference and respect. I stood up and 
looked Lord Charles Somerset firmly in the face, and told him 
proudly, that tho' I was not his equal in rank, I knew what was 
due to him and to myself. That however humble and obscure 
as an Individual, I was a free bom British Subject, sensible of 
my rights and conscious of my innocence, and that no man 
alive had a right to talk to me in that style. That in leaving 
my native Country for a Settlement in this, I never conceived 
that I had resigned the best rights and privileges of a free man, 
and that until this were proved to me, I would brook unmerited 
reproach and insulting imputations from no man whatever, 
however high his rank, or wilimited his authority ; that I had 
never failed in rendering all due respect to constituted 
authority ; that the attention of Government towards the 
welfare of my friends and Party, (though not more than they 
had just claims to expect) had been ever gratefully acknoW' 
ledged by me, both in word and writing ; and that on the otb- 

Y 2 

324 Records of the Cape Colony. 

hand, my Party was perhaps the only one that had never 
troubled the Government with a single complaint during all 
their privations and sufferings. That in respect tq my own 
appointment in the Library, I trusted I had not been inatten- 
tive to the duties which I received the Public Money for 
discharging. But that however grateful to His Excellency for 
that appointment, I was now for the first time aware that 
holding it deprived me of my free agency in regard to matters 
otherwise legal and loyal. That I would not however dispute 
this point with his Lordship, but as I had been bom a free man, 
I should endeavour to preserve the privileges of one, at 
whatever sacrifice of favor or interest, and would therefore 
instantly resign the situation with which he taunted me, and 
that I begged, in the presence of Sir John Truter, to resign it 

After this. His Lordship addressed me during the remainder 
of our conference with somewhat more civility, though his ill 
suppressed arrogance occasionally burst out in sarcastic and 
taunting insinuations. He asked me if I thought myself a 
better Judge of Military affairs than himself or the Commanding 
Officers on the Caffre Frontiers, since I had so freely and pre- 
sumptuously reprobated the system of defence adopted there. 

I declined entering into argument with his Lordship on this 
subject, because I saw it was a sore point ; and to maintain 
the truth would probably provoke him still further to insult 
me, but I covld have told him, what I now tell to you. Gentle- 
men, that I had lived on that Frontier for two years in constant 
peril and alarm from the Caffres, and never went to sleep 
without a loaded gun by my side. That I had taken my turn 
with my friends in many a weary nightwatch. while the Scouts, 
and wandering Parties of the Enemy were continually prowling 
round us and carrying off almost weekly, the cattle of our 
neighbours ; many of whom were almost totally ruined by 
these depredations ; and that all this time, the Officers on the 
Frontier were building Parade !^orts, or pretty cottages, 
shooting Partridges, or smoking segars, or flogging Hottentot 
Soldiers till they deserted in droves, doing everything useless 
or mischievous, but not defending the Frontier. 

But Gentlemen, I did not say this to His Excellency, because 
his son was at that period Commander of the Cape Corps, and 

Becords of the Capt Colony, 325 

His Lordship was absent in England, and I would not uselessly 
or intentionally wound his feelings by raking up old sores. 

After a long and rather angry critique upon our article on 
the Settlers, which his Lordship said was a subject altogether 
which we ought particularly to have avoided, he softened 
down so far as to coax me with a few compliments, and endea- 
voured to persuade me to go on with the publication of the 
Journal upon the terms of our original Prospectus ; but this I 
firmly tho' respectfully declined, stating that after the con- 
versations I had now had both with His Excellency and the 
Fiscal, I saw clearly and decidedly that our only honorable 
and safe course was to discontinue the work until the Colonial 
Press should be placed upon some well defined and permanent 
footing, I trusted an entirely free one, but that of course must 
be left to the Wisdom of His Majesty's Government to decide. 

His Lordship repeated this invitation to me more than once, 
and then called the Chief Justice (who was present during the 
whole of this conference) to bear witness that he had invited, 
and urged me to continue the work on the precise terms that 
1 had myself originally proposed, and that I had refused. 

I retired to the Library, and immediately addressed to His 
Lordship the following Letter : 

South Apbican Public Library, May ISth 1824. 

My Lord, — In the interview which I have just had the 
honour of having with your Excellency in presence of the 
Chief Justice you were pleased to say, that you considered my 
Conduct in writing a Letter to the Fiscal, which you considered 
insulting to your Government, and in signing the Memorial 
to His Majesty the King for a Free Press in this Colony, to be 
inconsistent with my duty as a Public Servant. 

I therefore feel called upon, while disclaiming the remotest 
intention of any insult or disrespect to your Excellency in these 
transactions, respectfully to tender to your Lordship my 
resignation of the Situation of Sub-Librarian in this Estab- 
lishment. I have &c. 

(Signed) Thos. Pringle. 

To His Excellency the Right Honourable Lord Q. H. 

326 Records of the Cape Colony, 

Menuyrial of Mb. Charles Fbedbk LiESomNO. 

To His Excellency the Right Honorable General Lord Charles 
Henry Somerset, Governor and Commander in Chief, 
&c., &c., &;c. 

The Memorial of Charles Fredrik Liesching most humbly 

That your Lordship's Memorialist after having served his 
regular Apprenticeship as Apothecary/ Chemist and Druggist 
with Messrs. Dr. Liesching and Co., Apothecaries, Chemists 
and Druggists of this Town, conducted the said concern of 
Liesching and Co. as acting or managing Partner for five 
successive years since January 1819, which will appear to your 
Lordship from a Certificate which Memorialist takes the liberty 
to annex, besides that these facts are of public notoriety. 

That your Lordship's Memorialist has since the beginning of 
this year, with mutual consent, withdrawn from the above 
partnership, and is now desirous of continuing in the profession 
to which he has been brought up, by opening an Apothecary's, 
Chemist's and Druggist's Shop, and thereby to earn an honest 
livelihood for himself and his enereasing family. 

That your Lordship's Memorialist humbly conceives that no 
Colonial Law or Regulation, if fairly construed, will interfere 
with the carrying of this plan into execution, since all Individuals 
practising as Apothecaries in this Colony have uniformly been 
admitted as such, upon the production of a proper certificate 
of having duly served their apprenticeship. 

With reference therefore to the Certificate hereunto 
annexed and the circumstances before stated, your Lordship's 
Memorialist humbly prays for your Lordship's sanction to 
Memorialist's undertaking. 
And Memorialist as in duty bound will ever pray &c. 

Records of the Cape Colony 327 

Notes on the State of the late Drostdy House at TvJbagh^ 

TuLBAOH, IQih May 1824. 

The Commissioner proceeded to visit the Old Drostdy House 
of Tulbagh accompanied by the special Heemraad Theron and 
Mr. P. Theron an Inhabitant of the Town. The Drostdy 
House is situated upon an Eminence to the North East of the 
village of Tulbagh and about a mile and a half distant from it, 
the Boad to it is good, passing over some gentle eminences and 
a smaU valley through which the water flows that descends 
from one of the Ravines of the mountain on which the Witzen- 
berg Boad passes, and supplies first the Drostdy House and 
afterwards the village of Tulbagh. In this valley ascending 
from the village is situated part of the Land attached to the 
Clergyman's residence, the Erven of Mr. Fischer, former 
Landdrost of the District, and certain others that were taken 
from the Drostdy lands and given to Mr. Van der Graaff . The 
Soil appears to be composed of light sand and Gravel on the 
eminences and in the bottom of a light and rich Loam. In 
the latter there are vineyards and gardens planted with 
oranges and other Fruit Trees that appear to be productive. 

The Drostdy House is a long Building of one Story supported 
in front by a basement of stone and Brick, well put together 
and forming at the west end where the Ground falls depth 
sufficient for very good and dry cellars, a large and broad Stoep 
runs along the back entrance, and in front of that there appears 
to have been a flower garden, surrounded with a wall and 

The entrance Hall is a very handsome Boom about 33 Feet 
by 20, and occupies the whole breadth of the Building. It is 
well painted in imitation of architectural Stones, and only in 
one place towards the West Front has the Paint been dis- 
colored by rain or moisture. The Beams of the Ceiling are of 
yellow wood, and to all appearances sound and in good preser- 
vation. A very handsome verandah of Mason work. By Mr. 
Fischer's account the verandah was planned and built by 
Thiebault, the French Architect, to take off the defective 
appearance of the Front. It is well designed and in good 

328 Records of the Cape Colony, 

proportion to the House. Sir D. Baird allowed 4000 Dollars 
to be paid from the Colonial funds to defray the expence. 

Supported by arches and standing upon a broad flight of 
steps, made of brick well laid, the verandah covers the West 
entrance to the Hall. This Building appears to be perfectly 
sound, altho' some of the Bricks are decayed from exposure to 
wind and moisture in particular places. The Floors of the 
Verandah, the Hall and Passages are laid with Square Dutch 
Tiles. On the West Front and on each side of the Hall are 
two ranges of apartments consisting of three rooms. The first 
of these on the right is 30 feet by 20, of great height, with two 
broad windows in it. The floor of this room requires to be 
repaired and relaid. It is papered and apparently free from 
damp and the effect of rain. 

The two rooms beyond are of smaller dimensions, the floors 
good, but the South East Walls or Gable of the last room is . 
cracked from top to bottom and has been plaistered over. 
This was said to be the effect of the heavy rain in the 
month of July 1822. The Crack has not enlarged or admitted 
Bain since it was repaired. These Two Booms open into a 
narrow and dark passage that receives light from a skylight in 
the Boof. At one end of this passage is a Door that com- 
municates with the Garden, and at the other is one that opens 
into the Entrance Hall. To the East and forming the back 
front of half the house is a range of 4 Small Apartments 
intended for Bed rooms ; these rooms are all of good height, 
but the planks that support the Brickwork of the Flat Boof 
have sunk and require to be renewed. No Traces of the effect 
of Bain or damp were visible in the walls of these Booms or in 
the passage. 

The ranges of Apartments on the South Side of the HaU 
correspond exactly with that which has been described on the 
other, and in good repair. 

The Kitchen being at the end and communicating with the 
Out Ofl&ces by a Stone Stair Case and also with the Cellar, 
where there appeared to be every convenience for preserving 
Wine, Meat, &c. The same defects of the Flat Boofs were 
observable in the passage at this end as at the other. The 
South Walls appeared to be weaker, and at the S.W. end of 
the House there was a crack that appeared to have begun at 

Records of the Cape Colony. 329 

the Angles of the Gable and to have spread obliquely into the 
centre of the waU as far as the line of the foundation, all the 
building below that Line was perfectly Sound as well as the 
Bricks and Stone Work. 

The Frames of the Windows did not appear to be in the least 
unsound, nor the window shutters. The Doors required to be 

The Commissioner proceeded to examine the Roof. The 
thatch with which the west front is covered is in a decayed 
state, and at the two Gable ends before mentioned the Rain 
appeared to have entered. 

The Window in the North East Gable was bricked up and 
Two other windows had been repaked by Mr. Heatlie. The 
Rafters are weak, but not decayed, and the Floor is perfectly 
dry and good. 

Dried Fruits and Seeds were laid out upon it. Some Cracks 
in the Flat Roof of the back part of the house covering the 
passage and smaller apartments had been plaistered over, and 
the Skylight covered with Canvass. They had not admitted 
Rain since the Storm in 1822, tho' a good deal had fallen in 
October 1823. One of the Gardens is in front and the other 
to the left on the sides of the valley through which the water 
runs. Both are abundantly supplied with it. The higher 
garden is in an exposed situation and surrounded hy a 4 Foot 
Wall. It contained a fine Crop of Barley, Peas and Beans ; 
part of it is not good soil, but the lower garden bears 

The Offices consist of detached Buildings for Slaves and 
Workmen, a Blacksmith's Shop, a waggon house, and Two 
Stables, none of which are in good Condition though Tenantable. 
In a line with the Drostdy House to the East are several 
Buildings, consisting of a House for the Secretary in bad repair, 
Messenger's house also in bad repair, Gaoler's House and Gaol 
built of mud, the latter contains 4 Separate Apartments, clean 
and Airy. A Mud Wall encloses a small yard adjoining the 
House and Gaol, the other few houses belong to Individuals 
who had purchased small portions of the Land in Erven under 
encouragement of former Landdrosts : the Doctor's House was 
one ; very few of these Erven had been built upon. 

The Drostdy ground lies near the House, and that w^ 

330 Secords of the Cape Colony. 

oontigaoas to the Rivulet appeared to be productive. The 
Land in Front and on the West side of it is unfit for 
Cultivation, with the exception of about Twenty Acres in a 
bottom. Mr. Heatlie has about 30 in different kinds of grain, 
and intends to put in 20 more this season. 

The Land requires manure like all the Land in the neigh- 
bourhood, and produces excellent wheat, of which a sample 
was seen in one of the Booms of the Drostdy House from the 
Crop of last year. A fine run of clear water passes through 
the ground immediately behind the House, and the Bivulet 
that takes its rise in the Witzenberg pass fiows through the 
narrow valley in front of the house. 

(Signed) John Gbbooby, Secretary. 


Letter from the Acting Colonial Secretary to the Colonial 
Medical Inspector. 

Colonial Otfice, 2(Hh May 1824< 
Sib, — ^I am directed by His Excellency the Governor to 
transmit to you the enclosed Copy of a Memorial from Several 
Merchants and Traders interested in the Sale of Drugs and 
Patent Medicines, representing the injury they sustain, under 
the Provision of the 6th Clause of the Proclamation of the 
26th September last for the regulation of the Medical practice, 
for your report thereon. I have &c. 

(Signed) P. G. Bbink. 

[Enclosure in the above.] 

To His Excellency the Bight Honorable General Lord Charles 
Henry Somerset, Governor and Commander in Chief, 
&c., &c. 

The Memorial of the Undersigned Merchants and Traders 
of Cape Town, interested in the sale of Drugs and Patent 
Medicines, respectfully Sheweth, 

That it is established in your Lordship's Proclamation, 
bearing date 26th September 1823, as follows : 

Becords of the Cape Colony. 331 

" No Merchant, Trader or Dealer is to be allowed to vend 
by retaU any Drugs, Medicines or patent Medicines in this 
Colony, under penalty of 500 BixdoUars, nor is to be allowed 
to vend the same by wholesale without such Drugs, Medicine 
or patent Medicines having been first submitted to the 
Inspection of the Colonial Medical Inspector." 

That several of your Memorialists have large Sums of Money 
invested in Medicines on the faith of being allowed to sell said 
Medicines Sanctioned by His Majesty's Royal Letters Patent 
and also by immemorial usage and custom. 

That altho' your Memorialists never had or can have the 
slightest objection to their Medicines being subjected to the , 
most rigorous Inspection of a Colonial Medical Board, yet they 
humbly beg leave to represent to your Excellency that the 
placing in the hands of one Individual a power so great as is 
now placed in the hands of our Colonial Medical Inspector, 
however respectable that Individual may be (and on which 
subject your Memorialists do not intend by their observations 
to cast the least Shadow of Reflection), a power by which the 
property of the Importers may be destroyed on the "ipse 
dixit " of one Individual, and from whose decision there is no 
appeal, a Power of condemning English Patent and Dutch 
Medicines, the component parts of which he may be wholly 
ignorant of, is an authority that may possibly become so dan- 
gerous, that it only requires to be brought under Your Excel- 
lency's consideration to meet an immediate remedy. 

That hitherto it has always been lawful to vend by whole- 
sale or retail English Patent Medicines, also those called 
Hallische Medicines, such as Balsam of Tilley, Wonderful 
Essence, Bed Powder, &c., &c.,8uch as are generally purchased 
and used by the Inhabitants of the Country Districts, many of 
whom live at the distance of one hundred miles from any 
professional assistance. 

That altho' your Lordship seemingly in the said Proclama- 
tion had no intention to prohibit the important sale of said 
HaUische and patent medicines, yet it does most effectually 
prohibit the sale thereof to the prejudice of Trade and the 
manifest injury of those who have stocks on hand, and punishes 
most effectually any Individual who should presume to sell 
any well known Patent Medicine, the use and effect of which 
has been known by every family throughout the Colony from 


Records of tlie Cape Colony, 

time immemorial. That the efficacy of Patent and Hallische 
Medicines is evident, and though innocent, prejudice in their 
favor, particulariy in the Country Districts, is great, and where 
their use for reasons before mentioned is so necessary. That 
altho' your Memorialists never heard of Mischief arising from 
such use, many instances are known where they have recovered 
persons from severe attacks of iUness, even after a regular 
practitioner has given over the Patient, and therefore your 
Memorialists humbly pray your Excellency will cause such 
alterations to be made in the proclamation of 26th September 
last as may in your Lordship's judgment seem fit to meet the 
justice of the case, and Memorialists will ever pray &c. 

(Signed) J. H. Whiston, 
G. Martin, 
John Hawkins, 

D. L. Beck, 

J. W. Stuckbris, 
Thomas Morgan, 
Van Hall Sappe 
& muntingh, 
j. w. bohmer, 
J. G. Blankenberg, 
R. J. Johnson, 
J. A. Wahl, 
A. Chiappini & Co., 
Joseph Day, 
e. de moldrop, 
Jones Gadney & Co., 
J. D. Wahl, 


O. F. Stegman, 


P. Ring, 

E. K. Green, 

F. Preller, 
R. H. Eaton, 

John Collison & Co., 
P. J. Redelinghui^, 
Cornelius Korsten, 
D. FocK, 

William Maskew, 
Cook & Thompson, 
p. woutersen^ 
Joseph Levick, ^ 

w. hofmeyer, 


p. M. Tesselaar, 
H. A. Lategan, 
J. F. Redelinghuis, 
J. N. Rossouw, 
M. Hoets, 
G. W. Keitel, 
S. Stronk, 
J. A. Bresler, 
W. E. Sheppard, 
R. A. Zeederberg, 
A. P. Stabler, 
Arm. Brink, 
J. C. Pentz, 


R. E. HoETS q. q. 


Daniel Phillips, 
Edward Eager, 
w. donnough. 

Records of the Cape Colony, 333 

Evidence given by the Reverend Me. Vos, late Minister 


TuLBAOH, 20^ May ld24. 

The Commissioner visited the Revd. Mr. Vos, resident in 
Tulbagh and formerly Minister of that place. Mr. Vos stated 
that the Church at Tulbagh had been built many years pre- 
ceding that of 1804, and the Pastory also. He agreed that 
the latter is inconveniently situated with regard to the Church 
and too large and expensive for a Clergyman. It was made 
so on account of the Person for whom it was first built, the 
Son in Law of the Governor. 

. All the Land near the River (a very large portion of which 
belongs still to the Pastory) formerly belonged to it, and in 
the time of Governor Sluysken he Mr. Vos proposed to the 
Church Wardens to sell a portion of this Land to induce 
Inhabitants to settle near the Church. The Governor was at 
first indignant at this, having conceived that the land belonged 
to Government, but having been otherwise informed, he gave 
his sanction to the measure ; but only 8 Erven were sold, 
consisting of the land which is converted into Gardens on the 
margin of the rivulet. These were afterwards subdivided and 

A true copy. 

(Signed) John Gregory, Secretary. 


Letter from Fieldcornet D. J. Theron to 
John Gregory, Esqre. 

Tui^BAGH, 20th May 1824. 

giR^ — I have the honor to enclose to you a return of the 
number of the Houses, Inhabitants, Slaves, Hottentots, &c., 
&c., with a list of the built and unbuilt Erven in Kerkstraat, 
Old Drostdy, and Brouwerstraat. I have &c. 

(Signed) D. J. Theron, Fieldcornet. 

Records of the Cape Colony. 335 

Statement of Mb. Johannes Henbicus Fischeb. 

Tttlbaoh, 20^ May 1824. 

In the month of October 1804 I was appointed Secretary to 
this District. Mr. Van de OraaS was appointed Landdrost of 
the District of Tulbagh, which had till then belonged to St-el- 
lenbosch. The church and several houses of the present street 
had been built some time previously as well as the Clergyman's 
house. It was then determined by Mr. Bletterman, who was 
deputed for that purpose by Mr. Commissary De Mist, to build 
the Drostdy House and Secretary's house in its present 
situation. The place was bought for 20,000 Guilders and the 
house was built for the sum of 25,000 Bix Dollars, that were 
issued by the Batavian Government and General Janssens for 
this purpose. A further sum of 25,000 Guilders was borrowed 
for the purpose of building the Secretary's and Messenger's 
House. That Debt has been paid off by the District some 
few years ago. The 25,000 Dollars was a Donation from the 
Government, and Sir David Baird gave a sum of 4,000 Dollars 
principally for the purpose of adding the verandah in the front 
of the House, which was executed under the directions of 
Mr. Thiebault the architect. 

The Boers of the neighbouring District, Bokkeveld, 24 Rivers, 
and Hex Biver, contributed to the Building by carting 
materials. The stones were found about a quarter of a mile 
from the Drostdy, the clay was found in the low places in the 
Rivulet. The wood was brought from George, but it was paid 
for by Mr. Bletterman. 

I don't know the reasons that determined this Gentleman 
in the choice of the Situation of the Drostdy. It had been 
the intention of Commissary De Mist to convert the present 
parsonage into a Drostdy, but Mr. Bletterman determined 

I think at the time (1804) there were from seven to ten 
houses in the Church Street. I did not approve the Situation 
of the Drostdy, and the separation of it and the Secretary's 
House and the Gaol from the village was inconvenient. When 
I inhabited the Drostdy it did not require much repair. ^L 

336 Records of the Cape Colony, 

found it convenient, but rather too large. I cultivated very 
little of the Land myself. Mr. Van de Graaff had a good deal 
in cultivation, part of the land is good, the Garden was very 
productive, and I had abundance of vegetables from it. 

By the order of the Government in 1805 or in 1806 a portion 
of the Land upon the Border of the River extending from the 
Drostdy to the village was laid out in 8 erven on the same plan 
as the present village. The erven were put up to sale, and Mr. 
Van de Graaff purchased two Garden erven, and Field Comet 
Nolte purchased two, and I purchased two myself. The late 
Mr. De Lange purchased the other two. The Erven consisted 
of one morgen of land each. I afterwards purchased two of 
the erven of Mr. Van de Graaff, and the two of the Field Comet 
Nolte which were measured in one, and which constitute my 
present place. I think I gave 70 or 80 Rix Dollars for each 
Erf. They were sold by auction. Several erven in a line with 
the Drostdy have been laid out and sold ; in the year 1807 I 
bought two myself for 80 Dollars each. They have never been 
built upon, and few others have, they are all well supplied 
with water. I exchanged my erven with 20 morgen of Land 
attached to those lower down, and upon which I now reside, 
and 23 morgen granted to me by Sir J. Cradock on quit rent. 

The principal cause in my opinion of the little encrease in 
the population near the Drostdy is that it lies a little out of 
the way with respect to the Church and the village. 

The cause of the Kttle encrease in the population of the 
village of Tulbagh, viz. Kerk Street, was the original and 
unequal division of the erven, and latterly the want of land 
for new occupants. By order of Government, I sold in the 
month of March in the year 1821 18 erven in the line above 
the present street. One of them near the Church produced 
200 Dollars, those above only from 80 to 100 Dollars each ; 
these erven were all purchased on one morning. 

Two Foundations of Houses were laid and four houses have 
been finished. Water might have been brought to these erven, 
but at considerable expence. It was not then known that 
the Colonial Government meant to transfer the Drostdy to 

The Witzenberg pass has been made for several years. The 
grant of the Toll was made many years ago, I don't know by 

Records of the Cape Colony, 337 

what Governor. It has passed through several hands to the 
present owner, who is bound in consideration of the Tolls to 
keep the road in good repair, and in failure thereof the Land- 
drost has the right of making the repairs and charging the 
owner of the Tolls with the expence. 

Those of the Inhabitants of the Bokkeveld and their 
Descendants who first assisted in making the Pass are exempt 
from Toll. I think the pass can be improved. Waggons that 
bring corn over the Witzenberg pass unload and bring the corn 
on horseback down the Hill. 

I was appointed Landdrost to the District in the year 1815, 
and continued so till the beginning of January 1822, when I 
resigned on account of iU health. The only debt that had been 
incurred by the District consisted of 8,333 Rds. that were 
borrowed of Mr. De Waal for the purpose of erecting public 
Buildings and which are now paid off. 3,666 Rds. which were 
borrowed to purchase the Roodesand Kloof of one Joubert the 
Proprietor ; this sum is I believe yet due to Mrs. De Waal and 
Interest is paid for it. 6000 Rds. are also due to the Orphan 
Chamber for the purchase of Land at Clan William for the 
Drostdy, 3,333 Rix-doUars (due to the Lombard Bank) for 
the purchase of a little place for the Landdrost situated on the 
other side of the Witzenberg Pass. It has lately been sold, 
and produced 6,666 Rds. 

When I was Landdrost, I cultivated the Drostdy Lands, but 
they did not produce sufficient for my own consumption ; 
during my time the ordinary receipt of taxes was sufficient for 
the expences of the District. 

When I delivered over the District Chest to Captain Trappes 
in April 1822, there was a balance in favor of the District 
amounting to 14,542 Rix-dollars. 

The amounts that I paid between the months of January 
and April of the year 1822, amounted to Rds. 6,773 1 sk. 4 ata. 
I deUvered 787 Rds. 4 sks. 4 sts. ready money and notes and 
obligations that had been taken by myself, the Heemraaden 
and Secretary, in payment of Opgaaf to the amount of 
6,982 Rds. 

It is not true that I was indebted in any sum to the District >. 
Treasury. I never passed any Bond for any debt of my own J 
in favor of the District. I never was indebted to it.^J|^gJ 



338 Records of the Cape Colony, 

He:mraden and Secretary always had knowledge of the Sums 
that were left in arrear at the receipt of Opgaaf . The Indul- 
gence was given on account of the repeated calamity of the 
rust that had destroyed their Crops, nothing was due on 
account of arrears of Commando Tax. I received a letter from 
the Colonial Government stating that this Tax for the year 
1821 was not paid, and I produced an Official Receipt of Mr. 
StoU the Receiver General that it had been paid. 

The Sub Drostdy of Worcester was established in my time. 
I think it is a good situation for a Drostdy, it is a Central point 
of meeting for Waggons from the whole Interior. Several 
come from Swellendam and George and pass the Roodezand 
Kloof on their way to the Cape. The Situation chosen for the 
Town is also good. I think that many persons who are passing 
with their produce through the Town of Worcester from the 
Interior will, when it is inhabited, be induced to dispose of 
their Cargoes rather than go on with them to Cape Town. 

I think that the population of Worcester is likely to 
encrease. The Situation of Tulbagh is only advantageous to 
the Inhabitants of Roggeveld and Bokkeveld. The view that 
I entertained was that Tulbagh should be a Sub Drostdy and 
that Worcester should be the seat of the Drostdy, neither 
myself nor the Heemraden ever made any representation to 
the Colonial Government on the expediency of transferring 
the Drostdy to Worcester, nor did the Colonial Government 
ever ask for our opinion. 

80,000 Guilders were given for the Sub drostdy House and 
Farm at Worcester, and 60,000 Guilders for the other Farm, 
near the present site of the village. It was paid in 3 
Instalments by the Colonial Government. 

Before the Sale of the Erven at Worcester I proposed to the 
Government the usual terms of Payment, viz. in three, six, 
and twelve months, but I received an answer from Colonel 
Bird, that it would be more advantageous to sell them at the 
extended Terms of 3, 5, and 7 years. 

(Signed) J. H. Fischer. 

Records of the Cape Colony, S39 

Mr. J. H. Fischer re-eocamined. 

TuLBAOH, 22 May 1824, 

Mr. De Lange's two Erven were nearest to the Droatdy 
Grounds. About Two years after the Erven had been sold, 
Mr. De Salis one of the Members of Council altered the plan, 
and took into the Drostdy ground the two Erven of Mr. De 
Lange, he also altered the plan of the Erven that had been 
made at the Drostdy by taking in Two Erven. The Founda- 
tions of different Public Buildings and Secretary's house had 
been laid out in a line with the Garden Wall. Mr. De Sails 
removed them and placed them in a straight line with the 
Drostdy in their present Situation. 

Several Erven beyond them were sold and purchased by 
Individuals, but few have been built upon. The accounts of 
the damage done by the storm in 1822 were much exaggerated, 
almost all the Houses in the Village and the Drostdy received 
some damage, but the Gardens attached to them were not 
inundated. The Gable Walls of Mr. Vos's, Mr. Meyer's^ Mr. 
Du Preez's houses were thrown down. A new House of mine 
suffered considerably, the old one did not. 

(Signed) J. H. Fischer, 

Letter from Lord Charles Somerset to Earl Bathiirst. 

Cape op Good Hope, 2\8t May 1824, 

My Lord, — Having after His Majesty's Commissioners of 
Inquiry had completed their Investigation of the British 
Settlement in Albany communicated with those Gentlemen 
upon the best course to be adopted for adjusting aU Mattery 
at issue between the Government and the Settlers as well as 
for arbitrating if possible all cases in Litigation between 
Individuals, I have decided, in concurrence with the opinions 
of Mr. Bigge and Major Colebrooke, to appoint a Commissioner 
for that purpose ; it being considered that the time which must 
necessarily be occupied in making a fair and equitable adjust- 

z 2 

340 Records of the Cape Colony, 

ment of each Case would preclude the local Magistrate from 
effecting it or cause so great a hindrance in carrying on the 
ordinary Business of the District as to create Serious Incon- 
venience to the Public. 

I have selected Wm. Hayward Esq., the Officer at the Head 
of the Department of the Commissary of Accounts on this 
Station, for this Commission and George Marsh Esq. to be the 
Secretary to it : to the former I propose to make a Compen- 
sation of 10 Rix-dollars per Diem and to the latter of 4 Rix- 
dollars per Diem, exclusive of the actual expence of conveyance 
and Stationery, which arrangement I trust will meet with Your 
Lordship's sanction and approbation. 

I have the honor to transmit herewith a Copy of the 
Instructions I have given to Mr. Hayward, in forming which 
I have been greatly indebted to Mr. Bigge and Major Cole- 
brooke, and I shall feel gratified in hearing that Your Lordship 
approves of this measure and that Your Lordship feels assured 
that every exertion has been resorted to by me that justice to 
the public Interests would allow me to make, to tranquillize 
and satisfy the British Emigrants and to secure the ultimate 
success of the undertaking. I have &c. 

(Signed) Charles Henry Somerset. 

[Enclosure in the above.] 

Instructions for the Commissioner appointed to investigate the 
Claims of the Emigrant Settlers in the Albany District. 

Article I. 

The first object that is to. engage your attention will be to 
enter into a detailed examination of the various Statements 
and Memorials that have been addressed by the Settlers to the 
Cplonial Government, Copies of which will be found in the 
Office of the Landdrost of Albany, who will be instructed to 
deliver them up to you, and copies of such as have not yet been 
referred for report are hereunto annexed ; and in order to aid 
this investigation the leading principles upon which the original 
scheme of Colonization was intended to be conducted are here 

Recoi'ds of the Cape Colony. 341 

On a reference to the printed Circular that was framed in 
Downing Street (a copy of which is hereunto annexed) you will 
perceive that the following conditions were held out for the 
guidance of the parties emigrating. 

1st. That the quantity of land that each party was to 
receive would depend on the Number of Individuals or 
Families that were landed in the Colony and conducted to 
their location. 

2nd. That the title to the land was to be given at the 
expiration of the term of Three years, subject to a Quit Rent 
to be fixed by Government, and the conditions annexed were 
those of residence on the Location, during the full term, of a 
number of Individuals or Families, in the proportion of One 
for every Hundred Acres of Land, and of forfeiture in case it 
should be abandoned, or not brought into cultivation. 

3rd. That in cases where Individuals engaged with the 
British Government to take out a certain number of able 
bodied Men or families, a deposit was required to be made 
with the object of ensuring the performance of engagements, 
which deposit was to be repaid by Instalments for the purpose 
of providing for their subsistence in the Colony, until their 
exertions might enable them to raise the means of support. 
The parties accepting these terms were of three descriptions^ 
1st those who advanced and made deposits in London for 
themselves, their families and a certain number of Servants^ 
who contracted to serve them for a specified term, some with 
a condition of receiving Land at the expiration of the term, 
and others without that condition. 2ndly thqse which con- 
sisted of persons who bound themselves under certain engage- 
ments of servitude to the individuals who made the deposit 
for them, and would acquire possession of the land, and 
3rdly such parties as were made up of persons who deposited 
through the medium of a nominal Head, the sums required 
to entitle them to receive their allotments of land on their 
own account. In this class may be included those for whom 
the Parishes in England advanced the deposits. 

There were also some parties composed partly of independent 
Settlers and partly of hired Servants. 

342 Records of the Cape Colony, 

Article 2. 

Amongst the various claims arising out of these engagements, 
to which the firat and second principles will have to be applied, 
are those which have resulted from disputes between the 
Masters and Servants, or between the Individuals of other 
parties and their nominal Heads. In parties of the first 
description instances will be found where the Heads consented 
(either from their inability to subsist them or from a sense of 
the inadequacy of the remuneration that the Servants had 
agreed in England to receive) to the release of their dependants ; 
in others the complaints of the Servants led to the interference 
of the Magistrate, who obtained the sanction of Government 
for the dissolution of the Party ; in all cases where the engage- 
ments were thus dissolved the consent of both parties was 
understood to be expressed or implied. 

Claims may be presented by the Servants, who made 
engagements in England with their employers, to receive 
certain portions of Land in consideration of their Services ; 
such claims should be enquired into and settled if possible. 

Article 3. 

Where misconduct in the Servant led to the interposition 
of the Magistrate, he would justly forfeit his claims upon the 
Master, but when the engagement was not wilfully broken, 
but a disposition had been shewn to adhere to and fulfil it, 
the claim should be upheld, and you are hereby authorised to 
make to the claimant (subject to the confirmation of Govern- 
ment) an encreased allotment in the proportion of eight or ten 
Acres to one, in consideration of the inferiority of the land or 
the inadequate remuneration which the Master agreed in 
England to give to his Servants. 

Article 4. 

As in parties of the description alluded to in the above 
Article, a title to the land could only be claimed by the Master 
for the actual number of Individuals or Families who con- 
tinued to reside in like manner with the Independent Parties, 

Records of the Cape Colony, 343 

no claims can be asserted to the respective allotments where 
the same condition of residence and cultivation has not been 
fulfilled, unless very satisfactory reasons can be given for not 
having complied with it. 

Article 6. 

The application of this principle in the first instance will be 
necessary with a view to determine who are the parties, that 
by their persevering exertions however attended with disap- 
pointment, have established the first claim to the consideration 
of the Government. 

It may become a question how far their reduced means may 
enable them to resume or continue their labours either in the 
situations originally assigned to them, or in more favorable 
ones ; but there can be no doubt of the justice of giving every 
practicable support to their claims. 

Article 6. 

Amongst the Settlers who failed in the fulfilment of the 
conditions of their emigration are many who resided on their 
locations for some time, and laboured to establish themselves, 
but from repeated failures and inability to support their 
families, have been compelled to abandon them. 

Altho' such individuals have no positive claims to the 
resumption of their lands, it may be equitable generally to 
readmit them under certain conditions (which you are hereby 
authorized to do) that will be calculated to prevent incon- 
venience to those that had uniformly continued to reside. 
Such of them as may return with improved means of resuming 
their labour may merit a preference, and the conditions that 
it may be advisable to impose will be noticed hereafter. 

Article 7. 

A third class will include the numerous Applicants for land 
who abruptly abandoned their locations, or those of their 
employers, attracted by the high rate of Wages, which 
Mechanics and Labourers they could elsewhere obtain, 
building allotments have already been granted to many 
Graham's Town, the extension of this indulgence may 

: lana 

their ^^ 

ch as ^j^t^ttlk 

344 Records of the Cape Colony. 

beneficially recommended in Situations where they are enabled 
to get employment. In all applications for land from persons 
of this description who have abandoned their locations, and 
have no equitable title to resume them, an enquiry into the 
means they possess of occupying land with advantage may 
determine how far it would be expedient to accede to their 
views, or to promote in the manner suggested their adherence 
to the employments they had taken up. 

Article 8. 

Claims arising from disputed boundaries will be chiefly 
grounded on the changes alleged to have been made by 
Surveyors in the original locations. Where the merits of such 
claims cannot be determined by information obtained on the 
spot, or by the explanations of the Officers who were employed 
to locate the parties, you will endeavour to compromise them 
by oflFering an equivalent in land to either party who may 
be willing to accept it, or whose claim may be conceded 
with the least sacrifice or inconvenience, the object being not 
to unsettle more than may be avoided and yet to preserve strict 
justice as the Basis of every arrangement ; thus when anyone 
proves a claim to land on which another may have been long 
estabUshed, if he should be willing to accept an equivalent 
rather than disturb the other, he should be encouraged to 
do so. 

Article 9. 

The internal boundaries of locations were settled by the 
parties themselves, but as disputes and litigation have arisen, 
especially in cases of transfer or alienation you will take an 
opportunity for effecting a termination of these upon the spot, 
and for preventing their recurrence by more accurate and 
convenient definitions, or by reference to the District 

Article 10. 

In the application of the third principle or condition of 
emigration, viz. the disposal of certain Sums in deposit with 
the Government, the intended repayment to the parties of the 

Records of the Cape Colony, 345 

laet instalments was prevented in most cases by the issue of 
Rations and of various Stores to the parties. 

The Accounts having been kept with the heads or nominal 
Heads of parties, the revisal of them in detail will in some 
instances become necessary to meet the questions at issue. 

Where the party was composed of hired servants the Master 
who advanced the deposits had a claim only to whatever 
balance may not be absorbed in the charge for supplies of 
Rations &c. to himself and his party. But in cases where it 
shall be made to appear that the British Government received a 
deposit thro' the nominal head of a party, from a person who 
may have died on the passage, or from unavoidable contin- 
gencies may not have reached the location, the repayment of 
the Sum deposited may be considered due to, the Individual or 
to his legal representative even tho' the party at large may be 
indebted to the Government. The same principle may apply 
if in any instance it should appear that individuals who made 
the required advances for themselves should not have received 
Rations equivalent to the Sums they deposited, but such 
repayment would not be due to the Individual in any case 
where the Sum may have been advanced by a Parish in 

Article 11. 

Next to those who may be found to have any balances in 
their favour, or who may have discharged the balances due to 
them, are those who are indebted to Government in large 
Sums for the supplies they have received. 

In the parties consisting of Servants, the responsibility of 
the Master for the whole amount has in some instances been 
disputed on the ground of their discharge, and the premature 
loss of their services. In conformity to rule, the Magistrate 
may have required the Rations to be drawn by the head of 
the party when he was present, but where the Servants were 
withdrawn from the Service of the Masters, or even where the 
reciprocal obligation of Servitude may not have been enforced, 
a relief from personal liability for their Rations may equitably^ 
be proposed, and the charge for his own Rations, and 
Stores and implements received by him^ will remain the c 
set off against the unpaid instalments of his deposit ; the 1 

34G Records of the Cape Colony, 

however which would in strictness be forfeited must remain 
chargeable for the subsistence of the people for whom it was 
allotted originally to the Master. If on the other hand, the 
Master should be found to have enjoyed the Services of his 
people, or to have drawn Rations for them after their discharge 
or for others that he engaged in his employ during the time, 
this distinction cannot so fairly be claimed. 

In cases where it can be made to appear that the Master has 
continued to draw rations for his Servants after their Discharge, 
the amount of such Rations must be brought against them or 
be made a charge upon his land. 

Article 12. 

In the other parties the rations were drawn by the nominai 
heads, who were not in all instances the original agents of the 
parties in their transactions with the British Government, hut 
in either case, their release from personal responsibility for 
any part of the charge will depend upon their ability to account 
for their distribution of the Rations and Stores received by 
them. Of the persons to whom they were distributed, some 
may have died, and many have removed ; in both cases the 
land will devolve as the last Security to the Government for 
that part of the debt which the Sums on deposit for the Indi- 
vidual may be insufficient to defray. 

Article 13. 

The persons who remain in possession of the land will 
receive their title to it chargeable with their respective debts 
for Rations, Stores, and Implements received by them, and 
any dispute with the head of the party as to the quantity 
delivered to them, may be decided by reference to the State- 
ments or evidence that either party can produce ; if none 
should be forthcoming, the objection to the charge may he 

Article 14, 

For the balance of the general Account with the Party \ 
the several abatements ha ' made, the head o* *' 
or person appointed tions will re' 

Records of the Cape Colony. 347 

responsible ; and the amount will in like manner be cbargeablej 
first against his deposit, and next upon the land to which he 
claims a title. 

Article 15. 

Those Settlers that were removed to the Albany distiiot 
after being first located at Clanwilliam, were relieved by 
Government from the charge for Rations supplied to them up 
to the period of their arrival. The distribution of the Rationa 
subsequently issued to them will however remain subject to 
your investigation. Upon the same principle the removal of 
parties and individuals from the Lands originally assigned to 
them within the Zuureveldt (as it has been a subject of com- 
plaint) may be a just ground of relief from the charge for 
whatever time they may have lost by such remavaL In all 
these cases the parties will be held stiU indebted for the stores 
they received. 

Article 16. 

In a few instances, Rations were issued to parties, who 
having paid their own expenses of Passage, in England^ came 
to the Colony as independent Settlers with the sanction of the 
Secretary of State, having paid no money in deposit with 
Government the debt will remain a charge upon the landj 
which in other respects they have been entitled to Teceive 
exempt from the limitations and conditions to which the 
emigrant Settlers were made subject. Lieut. Daniels and 
Lieut. Rubridge of the Royal Navy are thus circumstanced. 

Article 17. 

Altho' the head or nominal Head of the Party may in many 
instances have signed the Ration Account to enable bim to 
receive the Title deed of the Location, it will not be the less 
expedient to distribute the charge, and to take that Security 
on the land which those individuals have hitherto licld at thei 
own disposal, on a plea of personal liability for a debt wh' 
they may neither have the means nor the prospect ^ 
able to discharge. ^ 

348 Kccords of the Cape Colooij/. 

Article 18. 

As the large amount of the aggregate debt, and the extreme 
poverty of the Settlers, must render the eventual recovery of 
it extremely precarious, the end of your investigation will be 
best attained by the most liberal consideration for the parties 
who may be able to establish any equitable claim to relief, 
altho' it is only by an investigation conducted upon a principle 
of strict and impartial justice that the British Government 
will be enabled to exercise a just discrimination in the future 
indulgence of its liberality. 

With regard to the measure of augmenting the grants in 
consideration of the land being incapable of maintaining a 
population by cultivation alone, it has been considered that 
such additions to the locations of parties would be most 
advantageously made by conferring upon them a right of 
commonage upon those lands that are contiguous. 

Article 19. 

If the uncultivated pasture lands of the district should be 
generally estimated to bear in the proportion of one head of 
cattle to every ten acres throughout the year, the extension 
of each location may be regulated by the number of resident 
Settlers upon it, and by the proportion of Cattle that each 
Individual may require to keep for manuring the arable land 
he brings into cultivation. 

If it may not in aU cases be found practicable to make the 
required additions from unappropriated lands contiguous to 
the locations, they will have to be sought for at a distance, 
unless the neighbouring proprietors may be induced to give 
up what would be required, and to receive other lands that 
might be offered to their acceptance as an equivalent. 

Article 20. 

Additional grants have already been made to the heads of 
some of the parties, and in a few instances these have been 
encreased and the titles have been received. 

In the event of further claims on their part, or of application 
from other individuals of parties for separate grants it would 

Records of the Cape Colony, 349 

be desirable that you consider them with reference to the con- 
venience of larger parties, in order that their general exertions 
may not be cramped or their prospects discouraged. 

Article 21. 

The diagrams of the locations (copies of which as well as of 
the general plan will be forwarded to you) affording no infor- 
mation, except of the general extent and boundaries, it might 
eventually be desirable that you should authorize the Surveyor 
to undertake the detailed Surveys of such of them as have been 
disputed, marking the internal boundaries that may finally be 
determined, and affording the information generally, that 
the plans of Villages are calculated to do, for the purpose 
of regulating and faciUtating the alienation and transfer of 

Article 22. 

The application of the Transfer Regulations may also be a 
question of some moment with the Settlers who have adhered 
to the locations, especially in respect to the holders of small 

Article 23. 

A claim has in some instances been advanced by half pay 
ojficers to receive 600 Acres of Land in virtue of their Com- 
missions, but altho' it appears to have been recognised in some 
instances by the Acting Governor Sir R. S. Donkin no previous 
or subsequent sanction for it has been found in the records of 
this Government. You will therefore consider such Claims 
with reference to a more general principle, and it may be worthy 
of remark that the individuals who advanced the Claim have 
had no intention of confining their views to the possession of 
such limited grants. 

Article 24. 

Before closing these Instructions it may be well to refer^ 
you to Earl Bathurst's Despatch of the 24th of June 182 
copy of which is herewith enclosed) addressed to Sh* 
Shawe Donkin, and altho' it does not appear tha| 

350 Records of the Cape Colony. 

' vation of land in the appropriation of the locations was made 
in consequence of the Instructions contained therein, you will 
avail yourself of any land that may be disposable from persons 
having quitted the party or other circumstances for the purpose 
of a Glebe agreeably to His Lordship's commands, which Glebe 
land may until a Clergyman shall be appointed to the locations 
be appropriated as a commonage. 

Cape of Good Hope, 2l8t May 1824. 

(Signed) Charles Henry Somerset. 

Letter from Lord Charles Somerset to Earl Bathurst. 

Cape op Good Hope, 2\8t of May 1824. 

My Lord, — I have the honor to transmit to your Lordship 
Copies of two Letters addressed by a person calling himself 
Wm. Edwards (which I suspect to be an assumed name) to 
which I have annexed Marginal Notes in explanation of the 
most flagrant insinuations contained in them. This person 
has under the same name been already brought under Your 
Lordship's notice in a petition addressed to the House of 
Commons against the Fiscal of this place which he stated to 
have forwarded to Mr. Charles Wynne and Mr. Grey Bennett. 

As the incoherent attacks made in these letters were pointed 
at myself, I should have been well pleased to have treated the 
Author with Silent Contempt, particularly as he is by some 
considered as far from being in sane mind ; but having referred 
them to the Chief Justice, he strenuously urged my placing 
them in the hands of H.M.'s Fiscal for prosecution, considering 
that I should neglect the true interests of Government as well 
as the dignity of the station His Majesty has done me the honor 
to confide to me if T permitted them to pass unnoticed. 

The result of the prosecution has been, the transportation 
of Wm. Edwards as a Convict to New South Wales for 7 years. 
The prisoner drew this heavy sentence upon himself in conse- 
quence of having in the course of his trial aggravated hia 
ofifence tenfold, by the most violent, calumnious and oppro- 

Records of the Cape Colony. 351 

brious expressions with which the EngKsh Language could 
supply him, asserting the grossest and most infamous false- 
hoods. His trial was (agreeably to the legal Process here) 
held before two Commissioners of the Court of Justice, whose 
conduct in permitting a Criminal to divert from the charge 
under trial, and indulge in a strain of Falsehood and calumny 
hitherto without precedent, will probably be brought before 
Your Lordship when the necessity of forming a Court of 
Judicature here, composed of professional men only, shall be 
submitted for Your Lordship's consideration ; which necessity 
(from the change which has taken place in the species of 
Population at this place within the last twelve months) becomes 
every day more apparent. I have &c. 

(Signed) Charles Henry Somerset. 

P.S. Wm. Edwards has noted an appeal to the Full Court 
against the Sentence passed on him. 


Removal of the Drostdy from Tulbagh to Worcester. 

Church Street, Tulbagh, 18^^ May 1824. 

Five Gentlemen — Pieter Theron and Jacob de Bruin, 
formerly Heemraaden, Hendrik Mulder, Pieter Joosten, and 
Pieter Theron — ^waited on th6 Commissioner for the purpose 
of repeating the representation already made by certain 
Inhabitants of Tulbagh to the Commissioners at Cape Town 
shortly after their arrival in the Colony upon the subject of the 
losses sustained by the Inhabitants of Tulbagh in consequence 
of the removal of the Drostdy to Worcester. 

They agreed with the Commissioner that the inconvenience 
consisted principally of the distance they had to travel to 
Worcester, the detention occasioned by the swelling of the 
Breede River, and the expence that was to be incurred 
erecting new Buildings. 

Little advantage was derived from waggons pFissing j 
or near the Town of Tulbagh to the Cape. 


352 ^Records of the Cape Colony, 

These Gentlemen insisted that the Drostdy had been built 
by the contribution of the inhabitants in labour. 

Respecting the small increase of Houses in the Village, the 
Commissioner expressed his doubts whether the water could 
be led out to the Erven situated upon the upper part of the 
hUl, and that this circumstance might have effected the 
occupation of them, since the sale of 8, one of which only was 
built upon. None of these gentlemen could say in what year 
these Erven were sold. 

The gentlemen then brought under the notice of the 
Commissioner the increase of Taxation in the District during 
the last three years, the establishment of a tax upon Slaves, 
and one of the gentlemen — ^Mr. H. Mulder — stated that 
the diminution in his opgaaf this year had been very 

Tulbagh, 2l8t May 1824. 

Messrs. Gert du Toit and Willem J. Joosten, inhabitants 
of the Cold Bokkeveld, complain of the inconvenience arising 
from the removal of the Drostdy to Worcester, on account of 
the increased distance. They are obliged to repair to the 
Drostdy for payment" of the Opgaaf, Vendue Money, for 
purposes of justice, &c. 

They live 18 and 16 hours (horseback) from hence, and are 
obliged to pass by the Witzenberg Kloof to Worcester. 
Waggons come by that pass, if it is in good order they take 
out half of their cargo, if it is bad they take out more. It 
can be much improved. The Bokkeveld is a cold district, in 
the winter the cattle must be removed, and they descend to 
the Karroo. The Frost in some years destroys their Wheat. 

G. du Toit says that he contributed 10 oxen, a leader and 
driver, for eight days towards the sending of materials for the 
Drostdy House at Tulbagh, thinks it was worth 12 Rds. per 
day. The carts were employed in sending stones and earth, 
which were found at J of an hour's distance from the Drostdy. 

The Opgaaf of this year is somewhat less than that of the 
two precedinjg years. 

Tulbagh, 21st May 1824. 

John Henqrik Nolte, states that he resides at the 24 Rivers, 
was a field cornet many years ago, represents the great incon- 
venience felt py the Inhabitants of that part of the District 

Beeords of the Cape Colony. 353 

in consequence of the removal of the Drostdy ; they wish to 
be incorporated with the Stellenbosch District. Complains of 
the heavy Taxation in the District, and its great augmentation 
since 1815. 

Tulbagh, 21st May 1824. 

Mr. Mohr presents a Memorial of the Inhabitants of the 
Town of Tulbagh — ^Mr. J. P. Mohr, Mr. Mulder, Mr. Mohr, 
Mr. De Bruin, and Mr. D. Malan — against the removal of the 
Drostdy to Worcester. Some of the Inhabitants of the Town 
possess Lands and Erven in the vicinity. 

The Kerkenraad applied to Government for leave to sell 18 
erven on the line of street behind the village. Permission was 
given by the Government, but the sale was delayed. 

Tulbagh, May 18th 1824. 

Sir, — We the undersigned Inhabitants of the Church Street 
and Old Drostdy, Tulbagh, request particularly that Your 
Honor would state our interests to H.M. Commissioners of 
Inquiry to have a Sub Drostdy here, for our incomes at present 
are almost reduced to nothing, and our property is not haK 
the value as 3 years ago, being obliged to depend solely upon 
our small premises for a livelihood and the occasional concourse 
of people in paying their Taxes and celebrating Marriages &c., 
but when nothing of this kind takes place our failure must be 
the consequence, while the most of us are heavily involved in 
debt, which debt is occasioned by us establishing ourselves 
close by a Drostdy. 

We depend that Your Honor will bring these our interests 
so much as lies in your power to the knowledge of the 
Commissioners of Inquiry. 

Signed by 32 Inhabitants. 

To Mr. J. D. Mohr, Wardmaster. 

Tulbagh, 20th May 1824. 

Messrs. J. de Clerck, field comet this side 24 Rivers, Mr. 
B. F. Burger, field comet over 24 Rivers, Mr. E. L. Marais, 
field cornet Breede River. J. de Clerck and B. F. Burger, in 
their own names and in that of those of the Inhabitants of- 
their Districts, request that the Drostdy may be at Tulbagh' 
and not at Worcester, on account of their having to pass the 

XVII. 2 a 

354 Records of the Cape Colony. 

24 Rivers, which has many branches, the Eieine Berg River 
near the Roodezands Kloof, and the Breede River, which in 
winter are always full. This inconvenience is felt particularly 
by them as Veld Comets in taking and conveying Prisoners. 

A complaint was laid within the last 15 months against 
B. F. Burger by a Hottentot. He was summoned to attend 
the Landdrost at Worcester to answer it, he wrote to the 
Landdrost that considering the complaint of the Hottentot 
groundless he had not attended. He was condemned in the 
costs, which amounted to Rds. 54. The water did not hinder 
him from going. No other instance occurred in which he was 
impeded. July and August are the two months in which the 
rain falls. In coming in a waggon from his District (24 Rivers) 
he has to pass both the 24 Rivers and the Kleine Berg River. 
They are both bad Rivers on account of the depth of water 
and the quicksands. The Inhabitants have 16 streams to pass 
in going to the Cape, they do not come by Tulbagh. 

J. de Clerck states that his Inhabitants would prefer being 
incorporated with the District of Stellenbosch, to which they 
are nearer, and the roads better. The Inhabitants of his Veld 
Cornetcy never before applied to the Government or the 
Landdrost to be transferred to Stellenbosch. A Deputy 
Landdrost at Tulbagh would answer the object of the 
Inhabitants and prevent the inconvenience they complain of. 

This side of 24 Rivers is Four Hours from Tulbagh on 
Horseback. Over 24 Rivers is Four Hours on Horseback by 
a footpath and Six Hours with a Waggon by the Roodezand 

B. F. Burger complains of the increase of Taxes in the last 
Three Years. This Year the amount has been diminished. 
Last Year he paid 170 Dollars and this Year 148. 

Veld Cornet Marais wishes for the Establishment of a 
Sub Drostdy at Tulbagh. 

Tulbagh, 22nd May 1824. 

The Churchwardens of Tulbagh waited upon the Commis- 
sioner and represented that since the removal of the Drostdy 
to Worcel^ter some of the privileges of the Church have been 
taken away. The pubUcation of the Banns of Marriage always 
took placeVn the Church of Tulbagh, from which the Clerk 
and Messenger received fees. These are now taken away and 

Records of the Cape Colony, 355 

transferred to Worcester, in cases of necessity the Publication 
of Banns may take place twice in one day, but it is generally 
done on separate days. The Clerk at Worcester publishes 
the Banns of Marriage. 

These and other privileges were represented by them to 
Captain Trappes as Political Commissioner in a Letter dated 
the 19th August 1823, but no answer has been received. Mr. 
Conradie and another Heemraad were informed of the Opgaaf 
by Mr. Poggenpool, that the Breede River was fixed upon as 
the Boundary. They do not approve of it as a Boundary, 
thinking it too near the Church of Tulbagh. The Breede 
River is about four hours distant from Worcester on horseback, 
and from Tulbagh two hours. The Clerk and Sexton have 
houses in their villages. The Clerk receives nothing from the 
Church, but from the Government a salary of 400 Rixdollars 
as Schoolmaster. He has Fees attached to his situation of 
Clerk. The house in which he lives is the property of the 

The Funds of the Church arise from Collections "and 
Donations and from Fees on Burials. Fees on Marriages and 
Christenings they do not receive, they are paid to the Sexton 
and Clerk. The Clergyman only receives Fees on Marriages 
solemnized on the Week Days. 

The Sum now paid to the Poor amounts to 414 Rds. 

The Church at Tulbagh is quite large enough for the Con- 
gregations that attend it. Mr. Theron said that he has never 
seen it above half full. They are much diminished in conse- 
quence of the attendance at Worcester. Every two months 
the Clergyman at Tulbagh does duty at Worcester. 

The Church Wardens also represent the mischief arising 
from keeping the Canteen open on Sundays. The Servants 
of the Inhabitants who attend Church repair to the Canteen 
instead of going to Church and get drunk and commit many 

Tulbagh, 23rd May 1824. 

J. F. du Toit, Veld Comet of the Cold Bokkeveld, and in 
the name of the Inhabitants of his District, complains of the 
inconvenience arising from the removal of the Drostdy to 
Worcester, and of the heavy Taxation. Presents his Tax 
Paper of, 1822 when he paid Rds. 52 6 sks., and that of 1823 

2 A 2 

356 Records of the Cape Colony, 

on which he paid the sum of Rds. 90 2 sks. 2 sts. In the latter 
year his return of slaves was increased by 4, in other respects 
the property in 1823 had been very little encreased. It was 
general in the District. The Inhabitants are made to pay the 
Church Tax of 4 Rds. for each place for Worcester, altho' they 
did not pay it before for their Church at Tulbagh. It was 
levied this year for the first time. From the Bokkeveld the 
distance to Worcester is 14 hours, and to Tulbagh only five. 
There are 60 male Inhabitants in his Field Cometcy. In the 
Winter they all remove into, different parts of the Karroo, 
where they remain for four months. 

(Signed) John Gregory, Secretary. 

Letter from P. G. Brink, Esqrb., to W. Hayward, Esqre. 

Colonial Office, 2Uh May 1824. 

Sir, — I am directed by His Excellency the Governor to 
acquaint you, that, taking into consideration the numerous 
subjects at issue between the British Settlers and the Govern- 
ment, as well as between Individuals, and considering that the 
minute Investigation that will be required in order to make a 
fair and equitable adjustment of these Cases must necessarily 
occupy a greater portion of time than it would be practicable 
for the local Magistrate to appropriate to it, in justice to the 
daily duties of his Office, His Excellency has decided to appoint 
you to be Special Commissioner for the execution of this 
important Duty, and George Marsh Esquire, to be Secretary 
to your Commission. 

I have the Honor herewith to transmit to you Instructions 
which His Excellency has drawn out for your guidance, and 
to request that you will be pleased to confer in the fullest and 
most unreserved manner with the Landdrost of Albany upon 
all matters upon which you may require information or refer- 
ence. I have also the Honor to forward to you the whole of 
the Instructions and Correspondence received from His 
Majesty's Government, relative to the estabhshment of the 

Records of the Cape Colony, ' 357 

British Settlers in South Africa : and His Excellency trusts 
that with the assistance of the Documents now handed to 
you, and that which you will receive from the Landdrost of 
Albany and the Government Surveyor of the District (who is 
directed to lend his aid to you on all occasions) that you will he, 
enabled to attain the objects in view without any serious 
difficulty, and with satisfaction to the Parties interested : — 
and although the fair claims of Government are not to be lost 
sight of, His Excellency has no hesitation in authorising me to 
say, that, in making your decisions, the construction the most 
favourable to the Settler should in all cases be adopted, the 
severe visitations of successive Blights and Tempests entitling 
him to that Indulgence. His Excellency has solicited authority 
from His Majesty's Secretary of State for the Colonies to make 
you a compensation of Ten Rixdollars per Diem, and of Four 
Bixdollars per diem to the Secretary of your Commission, 
exclusive of the absolute Expences of Conveyance and 
Stationery. I have &c. 

(Signed) P. G. Brink, Asst. Secretary to Govt. 


Letter from the Colonial Medical Inspector to the 
Acting Colonial Secretary. 

Colonial Mbdioal Ikspeotob*8 Ofhoe, 
2Uh May 1824. 

Snt, — In reply to the Memorial of the Merchants and Traders 
respecting the examination of Patent and other Medicines, &c., 
&c., I beg to say that the examination of Medicines by the 
Colonial Medical Inspector does not extend to analyzing the 
Medicines imported, but simply to ascertain whether such 
medicines exactly answer the Invoice, and whether they be 
spoiled in the passage. 

The form is, the Colonial Medical Inspector with his Secretary 
attends to examine in the presence of the Owners or other 
persons deputed by them, the medicines as deUvered from the 
Custom House. If the Package, Bottles, &c. be in a good 
state they are passed, but if any package or bottle be broken 

358 Records of tlie Cape Colony. 

and the Medicine therein contained be spoiled, the Inspector 
refers to the owner or his substitute as to the state of the 
Medicine, and if this Gentleman agrees that it is spoiled, then 
the Inspector or his Secretary sees it destroyed, but if the Owner 
or his Friend says he thinks it is not spoiled, then the Inspector 
would necessarily refer the matter to a Board, but since I have 
been performing this duty I have never had a difference of 
opinion with any of the Merchants whose Medicines I have 
examined. However should the Merchants wish for other 
means, they are at liberty to employ any Medical Man or Men 
to attend the inspection, by which Government will incur no 
further expence and they be satisfied. It is only necessary to 
say that all the Medicines in this Colony have been inspected 
by a single Individual during the last 11 years. 

With respect to Merchants or Traders not being professional 

men retailing Halsche, Patent or other Medicines, I beg most 

distinctly to give it as my most decided opinion, and the 

opinion of every regularly educated professional man in this 

Colony, that much mischief arises from the indiscriminate use 

of Medicines sold by persons unacquainted with the nature of 

Drugs or the effects produced by various medicines upon the 

Human Frame, and therefore cannot give the Purchasers the 

most distant idea in what cases certain Medicines are to be 

avoided or taken, and in the event of mischief cannot have 

recourse to a single antidote. Whereas a Medical man vending 

these medicines does (and it is his bounden duty so to do) say 

the probable effects of such Medicine altho' he does not exactly 

know .the component parts, yet experience shews the nature 

of the Drugs, and in the event of accident he is prepared to 

apply some remedy, at all events he is calculated to give some 

necessary information and caution to the purchaser which other 

Individuals do not and cannot be expected to know. I shall 

still further add that to my certain knowledge many persons 

have been poisoned by patent Medicines given improperly, 

and also that Pedlars and Hawkers of Drugs in the Interior 

and in Cape Town do more real injury to the Inhabitants than 

the most virulent Diseases themselves, moreover a regularly 

educated Man cannot with justice to himself or the Community 

settle in the Interior when Quacks and Quack Medicines are 

first resorted to. 

Records of the Cape Colony, 359 

It would be endless to state the various injuries arising from 
the retail of Patent or other Medicines by any other Persons 
than regularly educated Practitioners, I therefore shall content 
myself by e?:plaining that His Majesty* 8 Letters Patent are for 
making and compounding, not Vending certain Medicines. 

I have &c. 

(Signed) Jas. Barby, M^D., 

Colonial Medical Inspector. 

Letter from Lord Charles Somerset to Earl Bathxjrst, 

Cape of Good Hope, 26th May 1824. 

My Lord, — I have the Honor to transmit to Your Lordship 
Copy of a letter and Enclosure from the piincipal Inhabitants 
at Port EUzabeth (Algoa Bay) respecting the erection of a 
Church at that Place, and I take the liberty also of transmitting 
thro' Your Lordship, letters addressed by the same Persons to 
the respective Societies in England, to aid this very useful and 
laudable undertaking. I trust your Lordship will afford them 
every support ; I conceive that the Work might be completed 
for about £3000 Sterling. I regret to say that the numerous 
Buildings and Establishments indispensable in Albany have 
rendered it impossible for me to undertake the erection of a 
Church at present at Port Elizabeth out of the Colonial Funds ; 
should the Inhabitants with the aid they may receive from 
Home be able to eflfect their object, I have no doubt Your 
Lordship wiU be pleased to authorize the appointment of a 
Clergyman at the public Expence. I have &c. 

(Signed) Charles Henry Somerset. 
[Enclosure 1 in the above.] 

PoBT Elizabeth, 2Qth April 1824. 

My Lord, — We have herewith the honor to enclose for your 
perusal Letters which we have addressed to the several Societies 
in London, soliciting their support in the erection of a Church 

360 Records of the Cape Colony, 

at this Place, and humbly hope you will be graciously pleased 
to forward the same, recommending our situation to their 

We have also taken the liberty of transmitting you a copy 
of the resolutions passed on the subject, with a list of Sub- 
scriptions to this date, and beg to return you in the name of 
the Inhabitants our most hearty thanks for the kindness you 
have shewn their Memorial. We have &c. 

(Signed) F. Evatt, Commandant, 
Thos. Pullbn, 
John Damant, 
r Thos. Williamson, 

Andw. Nicx)l. 
To His Excellency 

The Right Honorable General 

Lord Charles Henry Somerset. 

[Enclosure 2 in the above.] 

At a meeting of the Inhabitants of Port Elizabeth held this 
day a^t the Red Lion Tavern for the purpose of considering 
the most speedy and effective means of erecting a place of 
Worship — the Commandant by particular desire in the Chair — 
when the following resolutions were unanimously entered into. 

Resolved, That the Thanks of the Inhabitants be given to 
His Excellency the Governor for His gracious Reply to their 
Memorial of the 20th February on the above subject, wherein 
he states having ordered : " That measures will be taken for 
building a school forthwith " and also expressed himself happy 
in having a church erected but regretted that the want of Funds 
prevented him at present. 

Resolved that a subscription be immediately entered into, 
for the purpose of building a Church and that J. W. StoU 
Esquire of Cape Town and Mr. Henderson of Uitenhage be 
requested to receive the same in their respective places, and 
that Mr. J. A. Chabaud be appointed Treasurer, that the 
Sums received be deposited by him monthly in the Lombard 

Records of the Gape Colony, 361 

Resolved, That the Five following Gentlemen be appointed 
a Committee to carry into eflEect the object of this meeting : — 

Captain Evatt, Commandant of Port Elizabeth, 
Messrs. Thos. Pullen, 

Jno. Damant, 

Thos, Williamson, 

Andw. NicoL 

Benjm. Green, Secretary. 

Resolved, That for the mutual accommodation the morning 
be devoted to the Service of the Church of England, and the 
afternoon to the Dutch Reformed Church. 

Resolved, That pubKcity be given to this day's proceedings 
through the medium of the Cape Gazette and Commercial 
Advertiser that a more extensive aid may be obtained for the 
furtherance of its laudable intention. 

Resolved, That the Thanks of the Meeting be given to the 
Chairman for his zeal and perseverance, in promoting an object 
so greatly to be desired by the Inhabitants of the Village and 
its neighbourhood. 

Port Elizabetff, April 26th 1824. 

(Signed) Benjamin Green, Secretary. 

[Enclosure 3 in the above.] 

A List of Subscribers for erecting a Church at Port Elizabeth 
to this date 26 April 1824. 

BdB. Bk. Bt. 

OaptaJn Evatt 100 

John Graig^ Esqrei 100 

Ja Pullen^ Esqre^ 100 

John Williamson, Esqre; 100 

John Damant, Esqre^ 100 

J;0;Welsford 200 

Captain Herbert 100 

Mr^Chaubaud 100 

Mrs Wyatt 200 ft- Square Timber equal to . . 150 

Mr^Nicol 60 

;; Green 60 

5; Hitze 60 

is Gamm 60 

362 Records of the Cape Colony. 

Bds. Bk. St. 

Mr. P. J. Botha 13 Muids Lime equal to . . 52 4 

„ S. Hartman 12 

Do. 10 Muids Lime . . . 35 

„ A. J. Muller 25 

„ J. & T. Younger . . . . . 30 

„ Dunn 20 

„ Peter White 20 

„ BuroheU 50 

„ John Carter 10 

„ John Gronk 10 

„ Charles Gumey 10 

A Friend 10 

Mr. S. Phelps 10 

Mr. Lovemore 25 Muids Lime equal to . . 87 4 

Mr. Henry Evatt 25 Muids Lime equal to . . 87 4 
Proprietor of the Circular Saw Mill at Cradock 

Town 2000 feet Inch plank equal to . . 333 2 4 

RixdoUars 2052 6 4 

(Signed) John Anty. Chabaxjd, Treasurer. 


Petition for a Free Press. 

To the King's most Excellent Majesty in Council. 

The Memorial of the Undersigned dutiful, faithful and loyal 
subjects, inhabitants of His Majesty's Colony of the Cape of 
Good Hope, Humbly Sheweth, 

That the advantages of a free press are so numerous and 
important that it has ever been regarded by the best writers 
in our own country and on the Continent as the firmest support 
of a just and enlightened Government and the great palladium 
of the liberties of a people. All History proves that Religion 
and morals. Literature and Science, with every art and insti- 
tution that adorns or ennobles human nature, are alike indebted 
for their extension and influence in Society to the privilege of 
freely discussing every subject that can come within the range of 
the human mind. The exercise of this privilege is so congenial 
to the feelings and habits of a free people, that it cannot but 
be a matter of deep anxiety to your Memorialists that it should 

Records of the Cape Colony. 363 

be enjoyed in this as well as in other Colonies of the British 

Your memorialists are aware that in the remote and extensive 
possession of British India, considerations connected with the 
pecuhar tenure by which that vast Empire is held, have /ren- 
dered it a matter of political expediency to abridge the liberty 
of free discussion in matters connected with the politics of 
the country. But they humbly submit that there is nothing 
analogous in the nature of our Establishment in South Africa 
to render it necessary to impose similar restrictions on the 
freedom of the press here. 

Were this even a great Slave Colony ; were the Slaves, in- 
stead of being few in number and scattered over a vast extent 
of country, more numerous than the white population, or so 
situated as to be capable of making a simultaneous movement 
against the peace and order of Society, there might perhaps 
be some grounds for restraining the expression of public 

But as no danger is to be apprehended either from the number 
or condition of the Slave population, no objection arising out 
of this being a Slave Colony can be made to the diffusion of 
political knowledge, and to fair and temperate discussions on 
the constitution and measures of Government amongst all 
classes of the people. 

Your Memorialists trust it will not be considered improper 
or irrelevant to the prayer of their memorial to state that a 
weekly paper was established in Cape Town in the month of 
January last ; that it met with considerable encouragement 
and support from all classes of the people, and was a source of 
rational entertainment and much useful information to the 
public. It proceeded without interruption or any official 
expression of the disapprobation of Government till the present 
month, when without any judicial investigation the paper was 
suddenly suppressed and the Publisher ordered to quit the 

It may be further observed that a magazine devoted chiefly 
to matters connected with the improvement of the Colony has 
been discontinued by the Editor in consequence of the Fiscal's 
interference in its management. 

Your Memorialists do not refer to the circumstances for the 


Records of the Cape Colony, 

purpose of expressing any opinion on these acts of the Colonial 
Government — they do not presume to prejudge cases that will 
no doubt come under investigation by the proper authorities 
in England ; but they consider that the circumstances under 
which the late Publisher of the Newspaper has been ordered 
to leave the Colony, are such that no respectable person will 
venture to come forward and conduct a paper without having 
a security that his person is not liable to violence and his 
property to seizure, without his being found guilty of some 
crime by the sentence of a Court of Justice. 

Your Memorialists believe they could demonstrate by 
referring to facts and transactions that have occurred in this 
Colony as well as by an appeal to History and Experience, 
that the best interests of the country — the diffusion of useful 
knowledge — the elevation of the standard of morals — ^the 
extinction of National prejudices — and the gradual amalga- 
mation into one people and character of all classes of His 
Majesty's subjects, would be eminently promoted by the 
establishment of a press unfettered by any restrictions or 
penalties except such as the law of England imposes on the 
abuse of so important a privilege. 

But His Majesty's Commissioners of Inquiry having been 
very fully addressed respecting the state of the press your 
Memorialists refrain from enlarging further on the subject, 
trusting that the wise and liberal policy by which Your 
Majesty's Government is distinguished, will not withhold 
from your Memorialists the blessings of a free press, the 
birthright of Englishmen and the firmest support and Glory 
of their native country. 

And your Memorialists will ever pray. 

Cape Town, Cape of Good Hope, 26th May, 1824. 


Stephen Twycross, 
J. H. Whiston, 
Edwd. Flaherty, 
Geo. McLachlan, 
Thomas Hart, 
Jno. Macfarlane, 
J. B. Hoffman, 

J. Randall, 
John Anty. Chabaud, 
Daniel O'Flynn, M.D., 
Henry Steward, 
James Howell, 
Thomas Storey, 
Edward Twaits, 

Records of the Cape Colony. 



J. Robertson, 

Thos. Hall, 

James London, 

J. Manl. Brudblles (?), 

James Mortimer 

Joseph Maynard, 
R. W. Eaton, 
H. E. Rutherfoord, 

E. K. Green, 
D. P. Francis, 
John Pindlay, 
John Loch, 
Jambs Cauvin, 

j. p. schikkerling, 
Joseph Oldham, 
John Amber, 
Danl. Disandt, 

C. VAN Renen, 

F. G. Farewell, 
John H. TREDOOjiD, 
J. N. CouJN, 

W. Miller, 
William Woodman, 
Wm. Hawkins, 
Joseph Green, 
Henry Pope, 
Thos. Fairclofgh, 
John H. Wills, 
John Townsend, 
W. M. Barber, 
Ehrendfried Hennig, 
J. P. Simpson, 
H. Rutherfoord, 
Wm. Dawes, 
Thos. Tennant, 
John Leigh, 
R. Stone, 
Danl. Dixon, 

w. m. hopley, 
Thomas Grimes, 
William Cairncross, 
Thos. Thwaits, 
John Brumfield, 
W. Harris, 
Matthew Fysh, 
Wm. Whiley, 
John Battie, 
James Scoon, 
R. J. Jones, 
W. Blair, 


John Hawkins, 

Herbert Pugh, 


J. N. Rfssofw, 

Jas. Flaherty, 

Henry Dray, 

B. Burnett, 

Wm. F. Silberbauer, 

George Twycross, 

Thos. Phillips, 

Robert Sinclair, 

John Grepfiths, 

Francis Edward Powley, 

John Roberts, 

Alex. Davidson, 

Charles Pickman, 

Edwd. Roberts, 

Geo. Anderson, 

W. Heijdenrijch, 

Chas. Kincaid, 

John Collison & Co., 

J. Barker, 

LuD. Toussaint, 

Frans Mabillb, 

WiLLM. Fleming, 

Jno. Carnall, 

S. E. Hudson, 


Records of the Cape Colony. 

J. WmsKiN, 

P. M. Tessblaar, 


John van den Berg, 
D. C. Hoffman, 
William Beddy, 
W. F. Hbldzingen, 
A. Chtappini, 
Wm. Luntbing, 
Peteb Tonkin, 
Levi Maynard, 
John Warden, 
Joseph Arrowsmith, 
A. Reeve (?), 
Joseph Dixie, 
W. R. Thompson, 
Thomas Fowler, 
WiLLM. Hutchons, 
J. W. Kemp, 
Robert Swan, 
John Curran, 
Thos. Parker, 
Wm. Popplewell, 
Thos. Pringle, 
David Still, 
Chas. McKenzie, 
Wm. Maskew, 
J. D. Kjjnck, 
Geo. Greig, 
Forbes Still, 
Alexandeb Thomson, 
Jos. Simpson, 
M. VAN Bbeda, 
Peteb Laing, 
j. a. joxjbep^t, 
F. Bebning, 

J. J. WlID, 

J. H. Lesab, 
M. V. Blebk, 
M. J. SmtTjj 

John Bbown, 
Jno. Deane, 
J. F. Pentz, 
S. Bbink, 
Chas. Maynabd, 
P. Laing, 
G. P. Wemd (?), 


C. Hoffman, 
N, Haits, (?) 

F. M. Theunissen, 
James Molton, 
W. Cobbitt, 
N. C. Wolff, 
J. E. Tbedoux, 
P. N. DE Vos, 
Philip McLachlan, 
f. l. townsend, 
M. J. Pentz, 
J. Langley, 
John McLachlan, 


W. D. Read, 

D. Ross, 
W. Mecey, 
Edm. L. Kift, 
James Shebman, 
WiLLM. Soppitt, 
J. R. Thompson, 


Chables Stuabt Pillans, 

Thos. Ingledew, 

Geo. Luck, 

Peteb de Moldbup, 

J. H. Stadleb, 

James Neil, 

Thos. Mobgan, 

B. C. Bebning, 

Ed WD. Robebts, 

J. Athebstone, 

Becords of the Cape Colony. 


James Abercrombie, 
H. DE Wet, 
E. Hopkins, 
Robert Young, 
Thomas Loftus, 
Robert Short, 
Jesse March, 
Nicholas Lake, 
Thomas Dry (?) 
R. Dyke, 
J. Ingram, 
John Fairbatrn, 
Joseph Levick, 
James Archbell, 
D. L. Buck, 
A. S. Robertson, 
Hk. Cloete, 

Wm. Thomson, 

W. Edwards, 

P. J. Wannenburg, 

J. B. Gray, 

A. Gray, 

A. Blainy, 

Alex. Dick, 

John George Caumis, 

Thomas Gregar, 

N. J. Russouw, 

J. C. Eksteen, 

Edwd. Gerrard, 

Thos. W. Doughty, 

Jabez Hart, 

P. M. Ring, 

Geo. Thompson, 

G. J. Vos, 

Samuel Bailey. 

[All possible care has been taken to give these names 
correctly, still a few may not have been accurately made 
out.— G. M. T.] 


Lelter from the Acting Colonial Secretary to the 
Chief Justice. 

Colonial Office, 28^^ May 1824. 
Sir, — His Excellency the Governor has directed me to 
transmit to you the accompanying copy of a Memorial from 
Mr. C. F. Liesching, soliciting permission to practise as a 
Chemist and Druggist in this Settlement, and annexing the 
Certificate usually required for these arts, and to request that 
you will be pleased to consider the same, and report thereon 
for his information. I have &c. 

(Signed) P. G. Brink. 

368 Records of the Cape Colony. 

[Office Copy.] 
LeUer from Eabl Bathurst to Lord Charles Somerset, 

Downing Stbeet, London, 2^th May 1824:. 

My Lord, — I have to instruct your Lordship that you tvUI 
take measures for removing the Reverend William Geary from 
the Clerical employments which he holds in the settlements 
under your Lordship's Government. I have &c. 

(Signed) Bathurst. 


LeUer from Mr. Charles D'Escury to the Commissioners of 


Inspectob of Lands and Woods Office, 2^th May 1824. 

Gentlemen, — ^When I attended at your Office on the 27th 
inst. you informed me to have received from my Lord Bathurst 
certain communication on the subject of some of the papers 
I have had the honor of laying before you, and from which the 
following passages are quoted. 

" Now it is a fact that the only Stock that has been imported 
for a very considerable time, are Horses, and of these ffis 
Excellency is believed to be the only Importer. They are 
sold by His Excellency to different Individuals at very high 
prices, and in particular also to these Government Farms, a 
circumstance in a general point of view much to be regretted 
since it affords matter for observations, which detract from 
that respect which every well-meaning subject wishes to see 
felt for, and expressed towards the "Governor of the Colony, 
as His Majesty's Representative. 

" In Illustration of this two instances much in point present 
themselves which though only considered as accidental coin- 
cidences are stiQ striking and much to be lamented; the two 
most important cases adduced in support of the Suggestion to 
establish a check upon the grants of Public Land are those of 

Records of the Cape Colony. 369 

the Hantam, (the Widow Louw, and Redelinghuys, her second 
husband,) and that of the Bonteberg, (Mr. Proctor) the former, 
some short time previous to the grant, bought of His Excellency 
a Horse for which was paid the enormous Sum of Rds. 10,000, 
the latter has both before and after the transaction respecting 
the Bonteberg made diflEerent purchases of His Excellency, it 
is said to a considerable amoimt, which circumstances have 
naturally given rise to remarks of the description alluded to." 

The construction it has pleased My Lord Bathurst to put 
upon the foregoing passages, you have, Gentlemen, informed 
me to be, that it is an " unreserved charge against His Excel- 
lency the Governor for having corruptly made an extensive 
grant of Land to Mr. Redelinghuys, in consideration of the 
sale of a Horse," with further instructions to you to institute 
a solemn investigation upon this charge, and to call upon 
me, to substantiate the same ; together with no unintelligible 
allusion to the consequences that may attend my failing 

Gentlemen, I most unequivocably disavow the remotest in- 
tention of making such a charge, I equally disavow having in 
the slightest degree contemplated to convey even the meaning 
of such a charge ; nor, with deference I beg leave to express 
it, does it appear to me that the above passages, when 
read in their relation to the case to which they belong, and the 
occasion on which they were vyritten, are at all susceptible of the 
interpretation so given to them, and I beg leave to assure you 
that if I had entertained the opinion, that the motive which 
this interjiTeta;tion ascribes to His Excellency had been the one 
by which he was actuated when he made the grant in question, 
and that together with such an opinion I had felt the necessity 
of communicating it, be assured. Gentlemen, I would not have 
stooped to mean insinuations, I would not have left it to be 
inferred, I would not have thrown on others the odium of 
interpreting it, but I would boldly and fearlessly have declared 
it, actuated by the same spirit, and by the same sense of duty 
by which I have been actuated throughout the several com- 
munications I have made to you, and with a firm reliance 
on that protection to which a faithful discharge of such 
duties, at the call of the Country, and the special command of 
His Majesty to assist the present Commission in its enquiries^ 

xvir. 2 B 

370 Records of the Cape Colony. 

give me a right to look with full confideiKJe. Alloi^ me, 
Gentlemen, for a moment, to advert to the above transcribed 
passages. They are extracted from a paper containing 
observations on the establishment of the Groote Post, having 
for object to show the misappUcation of an extensive tract of 
Land retained for that EstabUshment, the administration of 
which rendering it, in my opinion, desirable that it should be 
broken up, and the Land made disposable to more useful 
purposes than those for which it is now retained. To sub- 
stantiate this, and to justify a recommendation affecting His 
Excellency's agricultural administration of that Establisliment, 
it was necessary to show some strong grounds ; this is done in 
different parts of those observations, and in particular also in 
the passages quoted, which passages have exclusively reference 
to that subject only, and are not given in reference to any grant 
of Land, so as to connect them with such grants, but bona fide 
only as instances of such circumstances furnishing matter for 
observationy which applying to Lord Charles Somerset as 
Governor, I think it rightly stated to be lamented. The Land 
occupied by the Groote Post Establishment being the subject 
which immediately connects it with my office, and the infor- 
mation I have obtained respecting it being through my former 
connection with it as a Member of the Board of Agriculture ; 
and as subsequently having been honored with His Excellency's 
communications respecting the plan for conducting the estab- 
lishment after the said Board had been dissolved ; consequently 
I have not gone out of my way to seek matter to be laid before 
you, as it seems to be supposed. 

The circumstance much to be regretted, to which I alluded 
as affording matter for observations, is one of public notoriety, 
which it is impossible, Grentlemen, but must in different ways 
have come to your hearing, namely. His Excellency's extensive 
and frequent transactions in Sales, and other dealings in Horses. 
The general opinion that is attached to pursuits of that kind, 
wiU any one say who entertains proper feelings for the repre- 
sentative of His Majesty, that it is not a source of regret that 
He who thus represents His Majesty should be so engaged ? 
and is there anything irrelevant or improper, when with respect 
to tlie Groote Post, this subject being necessarily alluded to, 
I should have adduced instances so strikingly in point as those 

Records of the Cape Colony. 371 

quoted by me, and while without the support of such instances, 
the statement itself would have been incomplete ; does it 
follow, or even, allow me to ask, is it fair, that because these 
circumstances have taken place with respect to persons whom 
I have, on occasions totaUy distinct from that on which those 
circumstances were adduced, been obliged to bring under your 
notice, is it doing me justice so to connect them, and then to 
infer from them that they were intended by me as, and actually 
constituted an " unreserved charge " of corrupt motives in the 
Governor, in granting an extensive tract of Land to one of those 
persons alluded to, as having purchased one of his Horses ? I 
have stated the two circumstances not only entirely distinct from 
each other, but on very distinct occasions, neither of them are 
preferred as charges, in fact there is not a single charge brought 
forward as such to be found in any of my papers. I have done 
no more than to adduce the Sale of the Horse, in one instance 
as among the causes that provoked observations such as cannot 
but be known to yourselves to exist, the other as instances 
among many others, tho' from their magnitude most important, 
upon which I rested my suggestion for a greater check upon 
the making of grants, and to subject these to particular regu- 
lations, such as I have also elsewhere pointed out. Good 
God ! if this is to be construed into an oflEence, such as My 
Lord Bathurst is pleased to define it, and that upon that ground 
I am to be held responsible for what is so construed, I believe 
my case will be deemed a hard one ! In fact, Gentlemen, T 
am called upon to substantiate that which I have never 
asserted ! nor even intended to convey ! is it right that I 
should be called upon to substantiate more than what I have 
advanced ? that I should be arraigned, as it were, and be 
made to answer for the constru4^ions others have chosen to put 
on my words ? And, Gentlemen, what is it that is to be so 
substantiated ? that which admits of no proof I namely, the 
secret motive of an Individual, which motive, if in this case it 
existed, as I am said to have represented it, it must have done 
so in the Governor's own breast, and known only to himself, 
and therefore cannot be substantiated. 

Yet, Gentlemen, what must follow my not accomplishing 
this impossibility ? that it will be said '' such a charge was 
brought forward against Lord Charles Somerset, without the 

2 B 2 

372 Keeords of the Cape Colonij. 

person who has done so having been able to substantiate it/* 
consequently a triumph will be published in favor of Lord 
Charles, and I, the imputed informer, shall stand branded, a 
defamer of His Majesty's Representative, and suffer all the 
consequences that will inevitably follow ! and that too^ Tv^ldle 
I disavow, in toto, both the fact and the intention, as never 
having existed, nor being deduceable from what I have stated., 
viewed in its true light. Allow me. Gentlemen, to put to your 
feelings what mine must be under these circumstances ; and 
let me add, what will not be the general feeling excited by tliis 
circumstance ? must it not have the effect, however remote, 
undoubtedly, from your, and from My Lord Bathurst's 
intention' that it should be so, to intimidate those who conae 
under enquiry before you, wherever the Governor is concerned^ 
and to alarm those who have already communicated matters 
of that nature to you : for if the circumstances I have stated, 
in the manner and for the plain and obvious purpose for whicli 
I have stated them, are liable to this construction, I do not 
know where I am safe in other parts of the statements I have 
made, in the plenitude of confidence, in the sacredness of your 
commission, and in the most conscientious conviction that I 
discharged fairly, openly, and honorably duties as sacred ! 
I beg leave to say. Gentlemen, if this construction stands, 
under the several bearings of the case, I do not know what 
part of my statement, where I have had occasion to animadvert 
on any of His Excellency's decisions in my branch of the Public 
Service, or circumstances connected with it, may not render 
me equally liable to the same imputation. I feel. Gentlemen, 
and feel strongly, not only my welfare, that of my family, 
dependent on mine, but what is stiD dearer, my character, 
public and private, my veracity, my Honor, my all to be at 
stake upon this question ! I conjure you therefore. Gentlemen, 
to pause ere you act upon those grounds, which I cannot for a 
moment doubt but My Lord Bathurst, in viewing them in 
the light in which I have stated them, would be the first to 

I lament. Gentlemen, to have taken up so much of your 
time on the present occasion, I will therefore not now trespass 
any further by observing on another point you have noticed, 
namely, the motive attributed to me for having brought 

Records of the Cape Colony. . 873 

forward my official Papers. I shall take the liberty of 
addressing you on that subject in a subsequent Letter. 

I have &c. 

(Signed) Chas. D'Escuby, Inspector of Govt. 

Lands and Woods. 

Records of the Trial of William Edwards, Prisoner on a Charge 
of Composing, Writing and Publishing a Libel against His 
Excellency the Governor, as well in this His Capacity, as 
in that of Judge in Appeal. 

Tuesday 4th May 1824. 

Present F. R. Bresler, and P. B. Borcherds Esqre., Com- 
missioners from the Worshipful Court of Justice of this 

The Court having been opened with the usual Solemnities, 
and D. Denyssen Esqre. His Majesty's Fiscal as R. O. Prose- 
cutor, and the Prisoner William Edwards being present, the 
former exhibits 

1. The Act of Accusation accompanied by the preparatory 
Informations, together with the decree by the Court against 
the Prisoner, said Documents being as follows : 

Act of Accusation in the Criminal Prosecution of His Majesty's 
Fiscal Acting Ratione Officii contra William Edioards, Prisoner 
in the Common Gaol. 

Be it hereby made known — That William Edwards an 
Inhabitant of this Town and at present a prisoner in the 
Common Gaol here pursuant to a certain Decree of the Wor- 
shipful the Court of Justice passed on the 28th April last has 
become liable to the Charge of having Wilfully and Mala 
Fide made, drawn up, and published certain Two libellous 
Writings, both subscribed by him with his name, the one 
dated the 22nd April 1824 and addressed to His Excel- 
lency Lord Charles Henry Somerset and the other dated the 
26th April 1824 and addressed to the Right Honorable the. 

374 Records of the Cape Colony, 

Judge in Appeal, the first mentioned of which, namely the 
Writing dated the 22nd April 1824, is of the following tenor : 

[See the letters of the 22nd and 26th April, on pages 268 
and 276.] 

Which writings as tending to vilify the high Authority and 
Dignity of His Excellency the Grovemor as well in His Fiznction 
as representing His Majesty the King, Our Most Grracious 
Sovereign, as in that of Judge of the High Court of Judicature, 
within this Colony, and likewise atrociously to calumniate and 
defame His Excellency the Grovemor as well personally as in 
both His above mentioned Functions, cannot be tolerated in a 
Colony where Justice prevails, but should be publicly punislied 
in an exemplary manner to deter others from doing the like. 

Fiscal's Office, 1st May 1824. 

(Signed) D. Dbnyssbn, Fiscal. 

Colonial Office, 2%th April 1824. 
Sir, — I am directed by His Excellency the Governor to 
transmit to you two Letters (Enclosed herewith) addressed to 
His Excellency by Mr. W. Edwards a Notary Public at this 
place under date of 22nd and 26th Instant and to request that 
You will adopt such measures with respect to the contents of 
those Letters as the Law may direct. I have &c. 

(Signed) P. G. Bmnk/. 

To D. Denyssen, Esqre., His Majesty's Fiscal. 

Extract, Resolution passed by His Honor the Chief Justice 
Sir J. A. Truter Kt. and the Members of the Worshipful 
the Court of Justice of the Government. 

Wednesday the 28th April 1824. 

Bead a representation from D. Denyssen Esquire His 
Majesty's Fiscal exhibiting a letter from the Colonial Office of 
this date, with its Two Enclosures being letters dated the 22nd 
and 26th Inst, written to His Excellency the Governor in the 
Evident Hand Writing and Signed with the Name of William 

icecords of the Cape Colony. 375 

Edwards, Inhabitant of this Town, and exercising here the 
Profession of a Notary Public, and stating that said Two 
Letters to His Excellency the Governor were considered by 
him, the Fiscal, to be libellous, principally tending to injure 
and atrociously to insult His Excellency the Governor and 
His High Dignity and Authority, as representing His Majesty 
the Eling and as Judge in Appeal, requesting that on these 
grounds, and as the high rank and function of His Excellency 
the Governor, and the imminent danger to which the main- 
tenance of the public Authority by all high and low 
Functionaries in this Colony is exposed by such a Crime 
demands an exemplary pimishment, that the Court may be 
pleased to grant to him R. O. a decree of Corporal Appre- 
hension against said William Edwards as the Author of both 
the said Letters, and the person who caused them to be. 
delivered to His Excellency the Governor, with Suspension 
from his Oflfice as Notary pubUo, till such time as further 
disposition be made herein, said Representation being as 

F I 

Having examined the documents and deliberated thereon, 
resolved to grant to the R. O. memorialist, and the same is 
hereby granted accordingly, a Decree of Corporal Apprehension 
against said William Edwards, with provisional Suspension 
from his Ofl&ce as Notary public. 

An extract hereof without resumption granted, and 
the Documents exhibited returned to the R. 0. Memorialist 
for his information and guidance. 

A true extract. 

(Signed) D. F. BbrrangA, Secretary. 

2. Nominal Statement of Witnesses by the Prisoner being 
of the following tenor : 

List of Witnesses given in by the Prisoner. 

No. 1 Lord Charles Henry Somerset, 

2 Mr. Richard Stone, 

3 Mr. James Payne, 

4 Mr. Kekewich, 

376 Recw'iU of the Cape Colony. 


5 Mr. Wilberforce Bird, 

6 Mr. Thomas Bowles, 

7 Private Secretary Whitefoord, 

8 Mr. P. G. Brink, 

9 Mr. Twaits, 

10 Mr. P. Auret, 

11 Mr. Van der Biet, Sequestrator, 

12. A Manumitted female Slave of Mr. Van der Riet, a 
Concubine living with Lord Charles Hen'^ 

13 Doctor Barry, 

14 Mr. Roberts. 

Cape Town, May 1st 1824. 

(Signed) W. Edwards. 

The Fiscal hereupon states, that he does not conceive it 
necessary to call any Witness or Witnesses to substantiate 
the charge against the Prisoner, and reserving the right, after 
the Prisoner shall have been examined to make such remarks 
respecting the List or Statement of the Prisoner's Witnesses, 
and Objections against the Admission thereof, as he then may 
conceive it to be his Duty to do. 

3rd. Record held on Saturday the 1st Instant containing 
the Communication of the Act of Accusation, being of the 
following tenor : 

Record held before F. R. Bresler Esqr., Commissioner from 
the Worshipful the Court of Justice of this Government, in 
the Case of His Majesty's Fiscal contra William Edwards, 
Prisoner in said Case, on Saturday the 1st May 1824. 

Appears before the Sitting Commissioner aforesaid J. J. 
Lind Esqr., Deputy Fiscal, as also the Prisoner in this case, 
the former exhibiting an Act of Accusation against the Prisoner 
with a translation thereof, which act having been clearly and 
distinctly read to the Prisoner by the Sworn Translator J. A. 
Delbet and a Translation delivered to him, he is asked by the 
Commissioner to give under his Signatiu^e a List of the Names 
of such Witnesses as he wishes should be heard on his behalf 
in the investigation of the Crime with which he is charged in 
the Act of Accusation : on which the Prisoner stated the names 

Records of the Gape Colony. 377 

of the Witnesses in the List under his Signature hereunto 
annexed, further requesting that the Messenger may be sent 
to him in an hour, to whom he will then deUver the names of 
some further Witnesses should he be able to recollect them. 

The Sitting Commissioner hereupon informs the prisoner that 
his Trial will commence on Tuesday the 4th Instant at a 
quarter past One O'Clock. 

Done at the Cape of Good Hope, Day and Year as above. 

(Signed) F. R. Bresler. 
In my presence. 
(Signed)* J. T. Jtjrgens, Hd. Ck. ' 

4th. Interrogatories for the examination of the Prisoner 
being of the following tenor : 

1st. What is your Name, Age, Birthplace and calling ? 

2. To exhibit to the Prisoner, a writing dated 22nd April 
1824 and addressed to His Excellency Lord Charles Henry 
Somerset and signed with the name of the Prisoner William 
Edwards, and to ask him : Do you acknowledge to have made 
and drawn up this writing ? 

3. Do you acknowledge the Signature of WiUiam Edwards 
imderneath the Same to be yoiu"s and to have been written by 
you ? 

4. To exhibit to the Prisoner a Writing dated the 26th April 
1824 and addressed to the Right Honorable the Judge in Appeal 
and signed with the Name of the Prisoner WiUiam Edwards, 
and to ask him : Do you acknowledge to have made and 
drawn up this writing ? 

6th. Do you acknowledge the Signature of William Edwards 
underneath the same to be yours and to have been written 
by you ? 

6. Do you acknowledge that the two writings alluded to in 
Interrogatories 2, 3, 4, and 5 were delivered with your will and 
previous knowledge to His Excellency Lord Charles Henry 
Somerset to whom they are addressed, the former under the 
title of His Excellency Lord Charles Henry Somerset and the 
latter under that of the Right Honorable the Judge in Appeal ? 

7. How did these Letters get out of your hands and posses- 

378 Records of tJie Cape Colony. 

sion, and by whom were they delivered to His Excellency 
Lord Charles Henry Somerset ? 

8. Do you acknowledge the Crime with which, yon are 
charged in the Act of Accusation which has been read to you, 
and therefore that you are criminal and have deserved 
punishment ? 

9. What have you to say in excuse ? 

Kscal's Office, May 4th, 1824. 

The prisoner says that having been confined Eight Days 
and thereby very weak in his legs it is extremely fatiguing to 
him to stand, and therefore requests to be allowed to sit down. 

The Court grants the request. 

The Court hereupon informed the prisoner through the 
interpretation of the English Assistant Secretary that the 
interrogatories exhibited in Court for his Examination on the 
Charge contained in the Act of Accusation will be put to him 
through the Secretary together with such further questions as 
the Court itself may deem proper to ask him. 

The Prisoner says that previous to his examination, he has 
an exception to propose. 

The Fiscal says that if the exception be of the nature of 
those laid down in the 42nd Art. of the Crown Trial, he has no 
objection, and that now is the proper time so to-do. 

The prisoner hereupon says, I will propose an exception, 
that this Court is not competent, which I will divide under 
the following heads : 

1st. The illegality of my arrest. 

2nd. That the necessary Documents are not filed. 

3rd. The total absence of the Corpus delicti or alleged crime. 

4th. The incompetency itself. 

The illegality of my arrest is grounded on the 15th Art. of 
the Crown Trial, which states : " All Officers of Justice shall 
be obliged and bound on a legal decree for apprehension being 
exhibited unto them forthwith to cause the person or persons 
against whom such decree has been given, if they reside or 
are in the District to which such Officers belong, to be taken 
into custody and delivered to the Competent Officers, or his 
lawful representative." 

The Fiscal must admit that the decree was never exhibited 

Records of the Cape Colony. 379 

to me, nor to the officers who arrested me, as they came late 
in the evening into my House, and on my enquiring for the 
Decree they declared neither to have it nor to have seen it, 
but shewed me a note from the Fiscal, and on my asking if it 
would not be better to go to the Fiscal to see the Decree, they 
then went away, and on their return stated that all the 
requisites were fulfilled. I then obeyed, notwithstanding my 
not having seen the Decree, and was placed in Solitary Con- 
finement, whilst in the case of Doctor Halloran, who insulted 
one of the best Governors that ever has been in this Colony, 
altho' I am far from comparing my case with that of Dr. 
Halloran, he was left at large for his Defence, and I on the 
contrary confined in a cell, deprived of everything, even of pen 
and Ink ; and on these grounds my first exception is to be 

2nd. The necessary documents and Evidences have not been 

The 30th Art. of the Crown Trial states, " In all prosecutions 
for alleged crimes, requiring the Securing of any person or a 
Summons for personal appearance, the competent public 
Prosecutor shall in the presence of a Committee of the Court 
of the place where the crime has been committed take such 
preparatory informations as are requisite to enable the Court 
to give the necessary decree for apprehension or for Summons 
for personal appearance," and notwithstanding this article 
there is a total want in this. — In the 77th Art. you will find 
that "no investigation shall be closed until it has become 
evident to the Court that all Documents relative to the Case 
in question, the preparatory informations included, have been 
read to the accused person in open Court, at such period of the 
investigation as may be deemed most likely to afford equal 
and impartial Justice, and the Court is to pay no attention to 
Documents that have not been so read in Court." 

And these Documents have never been read to me. The 
3l8t Art. says that " all Witnesses to be examined in the 
course of this preliminary investigation shall, previous to their 
giving their Evidence, make Oath before the Court by whom 
they are to be examined, that in the whole of their depositions 
they will state truth, whole truth,Iand nothing but the truth." 
And " in giving any judicial decree or passing any definitive 

,^>;' J>A>"rfiJ of Oif Cape CdUmy. 

S«fit«K^ »o raruxl shaQ be paid to Evidence not s^wom to." 
Xo swoh Oaths have exTW been taken in the preparatory 
infiMnRMtioiu^ TW »th Art, dictates that " On tlie Day of 
Thai, aft^- the Coort has been opened with the usual Cere- 
w*Mii«^ and the accused whether a prisoner or person 
$^ini»ivn<vi to pers^inal appearance, the Prosecutor is to exMbit 
the Act of IndiotJDHMit ssabscribed by him, together with, all 
the piy'i^amtoix informations ccdleeted by him, and a specific 
liM <rf all the Witnesses in favor of and against the accizsed 
to the best erf his kiKiwledge. together with the Interrogatories 
\^ >Khioh he ocHHsidersi the prisons or defendant shoizld be 
ex^wined."' And still there are no preparatory informations, 
the 4^h and %V^h Art. abo speaks <rf preparatory informations, 
>ii hioh Law ha$ not been complied with, and on this my Second 
K\\V|>tH^n ifi grvHimied. 
Sixls TV want of the CVurpus Delicti. 

The Act of Indictment states that I became liable to tlie 
chai^se ACs 1 deny thete being any crime in these Letters, 
ami bef\Vfv a chai^^ can be made there must be a crime, the 
act itJi^^if sav* that those Letters only tend to vilify the high 
authiMTtty and Character of the Governor, and I don't find 
aixy harm itt thi^ss^e Letters, the Act goes further as I understand 
to state that His Excellency represents the King. Well, Can 
1 then be beaten by the Dutch Law that has been made at tlie 
time that there was no Dutch King, but only the King of 
England, and as these Letters contain the truth, there is no 
Libel in them, for no man is exempt from hearing the truth, 
and as I have proved there exists no Corpus delicti I will proceed 
to the Letter dated 22nd April (which Letter is inserted in the 
Act of Accusation together with that of the 26th April — and 
which Letter the Prisoner held in his hands) from paragraph 
to paragraph. 

The Fiscal requests the Prisoner may be ordered to confine 
himself to his Exception without treating on the principal 

The Court orders the Prisoner to confine himself to his 
Exception and not as yet enter on the principal matter. 

The prisoner proceeding, says in Substance : I intended by 
my argument to show that there was no crime, that the 1st 
Paragraph of the Letter of 22nd April is a very natural reflec- 

Records of the Cape Colony. 381 

tion and not a reflection on Lord Charles and his Daughter, 
and I don't see what impropriety there is in that. If your 
Worships understand the word Radical you will find that it is 
not pleasant to hear my being branded with that name at the 
table of His Excellency the Governor, and that in His presence, 
without His stopping it, so that such Language was encouraged 
by him. 

When I say and declare my Loyalty to our Monarch and 
Affection to His Ministers there is no Libel in that, as Lord 
Charles is olie of those Ministers to whom I declare my affection, 
and there is no libel in stating to throw the Scabbard amongst 
His Minions as it is not a sword but a simple leather strap 
which His Excellency might convert into a Belt for the use of 
a Horse Jockey, but when I say that I wiQ Clip the Wings of 
the Bird that would croak or peck at me, I spoke the truth, 
for so I will that he shall ever feel it. Now I would ask if there 
is anything offensive in that. I would have gone on with my 
grievances, but waited till we meet before the Parliament where 
no man can arrogate to him to be above the Law, but where 
every man will be protected. 

There is no harm in my stating that I will go further, as 
Lord Charles thinks himself here above the Law as it is to be 
found in Bird's Book page 202, which is sanctioned by the 
Lord and which is an Expose of the Government (see its 

There are many Cases, such as that of My Lord Kay, General 
Picton, Mr. Quarrie, Governor Farquhar, Sir George Provost 
of Canada who destroyed himself, and many other Cases in 
which you will see that Judges in England have been hung 
for giving decisions less corrupt than the One I complain of in 
this Letter. Look also into the Cases of the Duke of York 
and the late Queen where the Witnesses were not brought to 
trial for there was no crime in it, there was the case of King 
Charles who was tried and executed, the King of France, the 
late King of Sweden, and others, in which the persons who 
brought these great people to trial were never prosecuted, and 
there is another instance of that of King David, when reproved 
by Nathan the Prophet for seducing Bathsheba when in that 
beautiful allegory of the Lamb he said " thou art the man." 
There is no libel in that paragraph respecting the Pii^ 

382 Records of the Cape Colony. 

Secretary, if he will be heard, he will say that such Xjetter 
was written by him. 

A Man has a right to form resolutions, but I would not state 
the meaning as Lord Charles knows the meaning himself by 
keeping company with such gentlemen as Mr. Kekewich, Van 
der Biet, &o. 

The prisoner continuing in a violent manner to make use of 
further remarks against His Excellency the Governor, he is 
warned by the Court to confine himself to the Exception he 
has to treat on, and to refrain from any personal reflections 
which could probably aggravate his Case. 

The prisoner further says, in Substance, Respecting the 
paragraph beginning with " however I have altered this 
Resolution" : 

The 10th Art. and 103 Art. of the Crown Trial states that 
all prosecution of Crimes shall be carried on by His Majesty's 
Fiscal, or by One of his Deputies, and if nobody is above the 
law, why is that Law construed either by Lord Charles or the 
Court of Justice as they please, as the Clerk of the Fiscal 
attended as Prosecutor instead of the Fiscal or one of his 
Deputies, and as everybody is bound to the Law, without 
infringing on it, that was therefore construing the Law as they 
pleased, and so we are not protected by the Law. There is 
another instance by which Lord Charles made a Law one 
Day and permitted it to be trespassed the day following. I 
am speaking of the Proclamation of the 22nd September, 
whereby is prohibited that no man shall practice as a Doctor 
or Surgeon and keeping at the same time an Apothecary's 
shop, so that no man shall keep these professions, and not- 
withstanding that Law, Dr. Roberts has been permitted to 
keep and exercise these two professions ; by the said Law it 
is also fixed that for a visit of a medical man not less shall 
be paid than 1 Rdr., whilst Dr. Barry contrary to that 
law has allowed less than what is fixed, so there is no Libel 
in that. 

There is nothing in saying lost and using the word wandering, 
as I myself have been wandering nearly round the Globe, and 
I know a man who almost daily wanders towards the top of 
Strand Street to visit his Dusky Desdemona, therefore that is 
no libeU 

Records of the Cape Colony, 383 

Respecting the paragraph of his Regulations of Bakers, 
Butchers, &c. 

The Prisoner having launched out into personal remarks 
against His Excellency the Governor and Mr. W. Bird, he is 
again warned by the CouH to confine himself to his exception, 
or that he will otherwise by such personal reflections aggravate 
the crime with which he is charged. 

The prisoner hereupon continues to the following effect : 
As it is my disposition to obey the Law I will let the Bird fly 
until we meet upon more equal terms. 

I don't see* any harm in the following paragraph, as a Judge 
never will feel any harm in an appeal from his Decision, for 
every man is liable to error, there can be therefore no harm in 
going to England for a revision of a Decree as is found in the 
Bird's Book about Appeal to King in Council, and as I abhor 
favor I don't want anything but Justice and what can there 
be more respectful than what I further said in that Letter. 

I recollect in Bird's Book when he speaks of Lord Caledon 
that he made a mistake, and with regard to saying that I will 
wage war with an instrument whose point is dipped in Gall, 
by this Instrument is meant my pen dipt in Ink to attack 
Bird's Book, as no one escapes their share in it. 

Now I will proceed to the next Letter. Was there anything 
maUcious in stating the Contents of that Letter to Lord 
Charles ? I don't find anything in it, as the decision in that 
Cause was oppressive to Mr. Stone, and the Letters' only 
tended to have it redressed, and what expression can there be 
more proper than those made use of in that Letter, and not- 
withstanding, I was confined in a Solitary cell, but, when Mr. 
Stone will be heard, he will repeat those expressions and the 
Case will be explained by the Evidence. 

A Man of my Profession is allowed to do what is stated in 
that Letter, and by offering to prove what is stated in that, it 
cannot be called a Libel, as I don't find any harm in it. 

Suppose the Government at home wants a Governor for one 
of the Colonies, a Younger 'Son of a Noble Family is appointed. 
This Son we will suppose is a Gambler, a Horse Jockey and a 
Cock Fighter, a Black Leg who has been driven from i 

Newmarket. "^ 

This Governor who has a Son just as great a Rogue as his 

Records of the Cape Colony. 385 

2nd. That no Evidence has been exhibited. 

3rd. The Absence of the Corpus Delicti. 

4th. The incompetency itself. 

Supposing now that the prisoner had been illegally arrested, 
this cannot make the Court incompetent. The 15th Art. of 
the Crown Trial says the Decree must be exhibited to the Fiscal 
without which he may not arrest the prisoner, and I should 
have taken good care not to apprehend the Prisoner without a 
Decree having been previously Exhibited to me. It was never 
Customary either here or in the mother country to exhibit the 
Decree to the inferior OflScers of Justice or to the prisoner, 
but only to the pubUc Prosecutor who is responsible for its 
execution. I acted to the Letter, and the prisoner shall also 
see the decree according to the tenor of which I proceeded 
after I had received it. 

The second head regards the not taking of preparatory 

The Decree was granted on the Letters which were exhibited 
to the. Court with the Conductory Letter from the Colonial 
Office, and where is the Law by which I am ordered to produce 
Witnesses if the proofs I possess be sufficient, as is generally 
the Case. 

With respect to the third part, I have never either heard or 
been taught that the non existence of a Corpus DeUcti can lead 
to the proposing of an exception, which is only applicable in 
the principal matter. I shall also refrain from saying any- 
thing on all that has been advanced about there not being any 
Corpus delicti and will reserve until I come to make my claim, 
to prove the Crime, and likewise that the prisoner is the 

In the fourth part the prisoner maintains that he must be 
tried by an English Court, but the Contrary of this position I 
have already proved to him on a former occasion, as every 
Man must be tried according to the Law of the Land in which 
he resides. 

The prisoner complains that he has had neither Book, 
Paper, Pen or Ink. Crimes committed in a Colony must be 
tried there, and the Law about Middlesex speaks of crimes 
not committed beyond sea, I therefore conclude for the rejection 
of the exception with the Costs. ^ 

XVII. 2 G ^H 

386 Hecanh of Die Cape Colony. 

The Coart having heard what has been advanced by tlie 
Parties on the Exception and having taken everything into 
Ck)nsideration which deserved attention or could move tbe 
Court, administering Justice in the name and on behalf of His 
Britannic Majesty, rejects the Exception, cum expensis. 

The Court hereupon proceeding to the examination of the 
Prisoner, the Interrogatories exhibited by the R.O. Prosecutor 
are put to him, to which he answers as follows : 

1. What is your name, age, birthplace, and calling ? 
William Edwards, Forty-one years of age, bom in North 

Wales, a Notary by profession. 

2. A writing dated the 22nd April 1824 and addressed to 
His Excellency Lord Charles Henry Somerset and signed with 
the name of the prisoner William Edwards being exhibited to 
him, he is asked : Do you acknowledge to have made and 
drawn up this writing ? 


3. Dp you acknowledge the signature of William Edwards 
underneath the same to be yours and to have been written 
by you ? 


4. A writing dated the 26th April 1824 and addressed to 
the Right Honorable the Judge ;in Appeal, and signed with 
the name of the prisoner WiUiam Edwards being exhibited 
to him, he is asked : Do you acknowledge to have made and 
drawn up this writing ? 


5. Do you acknowledge the signature of William Edwards 
underneath the same to be yours and to have been written 
by you ? 


6. Do you a9knowledge that the two Writings alluded to in 
Interrogatories 2, 3, 4 and 6, were delivered with your will 
and previous knowledge to His Excellency Lord Charles 
Henry Somerset to whom they are addressed, the former 
under the Title of His Excellency Lord Charles Henry Somerset 
and the latter under that of the Right Honorable the Judge 
in Appeal ? 

I don't know how they came into the Hands of His 

Records of the Cape Colony, 387 

6^. Were these letters never in your possession ? 


The 7th Interrogatory superseded. 

8. Do you acknowledge the Crime with which you are 
charged in the Act of Accusation which has been read to 
you, and therefore that you are criminal and have deserved 
punishment ? 

No, Certainly not. 

The 9th Interrogatory superseded. 

The above Interrogatories and answers being read over to 
the prisoner, he persists therein. 

The Court adjourns in consequence of the lateness of the 
Hour till to-morrow Morning 10 O'Clock. 

Done at the Cape of Good Hope, Day and year as above. 

(Signed) F. R. Brbsler, 


In my presence, 

J. T. JuRGENS, Head Clerk. 

Wednesday the 5th May 1824. 

Continuation of the Trial of WiUiam Edwards which was 
adjourned yesterday. 

Present : F. R. Bresler Esqre. and P. B. Borcherds Esqr., 
Commissioners from the Worshipful Court of Justice of this 

His Majesty's Fiscal as R.O. Prosecutor and the Prisoner 
William Edwards being present, the former objects to the 
hearing of the witnesses called by the prisoner on the following 
grounds : 

It would now be my task to call my witnesses, in case I had 
any to be examined, but as the Case in question appears to me 
to be of that nature that it needs no further proof than what 
is to be found in the preparatory informations, I conceived I 
ought not to cause any unnecessary delay in the proceedings, 
altho' I need not be solicitous, after the barefaced confession 
which is to be found in the prisoner's defence of his Exception 
about the proof, that he is the Author of the Two Letters here 
in question, I shall nevertheless in order to enable the Court 

2 c 2 

388 Secords of the Cape CoUmy. 

to judge how contrary to Truth he denies the writiiigs which 
he wrote himself and signed with his own name, refer to some 
of his own Letters, which have from time to time come under 
my own eye and compare them especially with his Signature. 
I now request that the Decree for the Corporal Apprehension 
of the Prisoner and the Letter from the Assistant Colonial 
Secretary whereby the Two Letters of the 22nd and 26th April 
last which form the subject of the present prosecution, were 
placed in my hands, may be read to the Prisoner. 

Said Decree and Letters having been read accordingly, the 
Fiscal further says : 

Herewith I hold the whole investigation completed, for the 
Two Letters in question have already been read at the Com- 
mencement of the Trial. The prisoner calls witnesses in his 
Defence, but however strange it may appear that I should 
impede the Prisoner in defending himself, I am nevertheless 
obliged to oppose the examination of the witnesses whose 
names he has placed on his list. 

It is not now, Your Worships, the same as in the prosecution 
carried on by me against Cooke and Edwards, when the 
multiplicity <rf the witnesses on the List induced me to suppose 
that there existed a wilful and premeditated intention to vex, 
and therefore obliged me to oppose on the authority of the 
Roman Law and modern practice, the hearing of such a 
multitude of witnesses, unless the Court were previously 
iHinvinced, by the then accused persons stating to what end 
they wislied each of those witnesses should be examined, that 
tJ\o suspected plan to vex did not exist. But it is the palpable 
existence of a much more mischievous object than merely to 
vex> that compels me to oppose the prisoner's list of witnesses 
as it tliere stands and respectfully to insist from the Court 
tJ\at it may be rejected as bearing the most contemptible 
Marks of Calumny and Malice of the Prisoner, and that the 
Investigation may be declared closed. Let us but look at the 
names on this list, are they not with the exception of Two 
only the very names of those persons whom he has included 
in his Slander against His Excellency the Governor, are they 
not the minions and dependants of His Excellency, among 
whom he says he will throw the Scabbard, while he contends 
with His Excellency with the naked Sword ? Are not these 

Becords of the Cape Colony. 389 

tlie persons whom he has called as witnesses ? Are not two 

of them, namely Mr. Kekewich and Mr. Bird, branded in the 

Letter of the 22nd April last as the interested Assessors of 

His Excellency ? the latter mentioned as his very opponent. 

Does he not threaten the latter, whom he figm^atively calls 

His Excellency's flying adviser, to clip his wings, are they not 

compared together with Mr. Van der Riet of George, Mr. Blair, 

Mr. Rivers and myself as the acquaintances of His Excellency 

with a Convict in prison ? I& not Mr. Rowles the Secretary 

of the Right Honorable the Court of Appeals against which he 

is so incensed ? Is not Mr. Private Secrets^ry Whitefoord the 

person whom he accuses of having threatened to punish him 

as a Calumniator, and what will not be the feelings of the Court 

at reading the name of P. Auret, the Chief Clerk in the Fiscal's 

Ofl&ce, among those of the witnesses ? Are not he and his 

innocent family the objects of the prisoner's foolhardy and 

wanton ridicule ? Has he not in his letter of the 22nd April 

last abased and stained them and their parents, long since in 

their grave, in the most scandalous manner ? I have not yet 

spoken of His Excellency the Governor whose name is placed 

at the head of the List, because that the Slander contained in 

the Prisoner's Two Letters chiefly alludes to His Excellency. 

On reading the names of all these witnesses the question 
must naturally arise as well with the Court as with myself. 
For what purpose are these Witnesses called ? Can it be for 
any other purpose than to interrogate them respecting the 
Evil which he has written of them ? This is at all events the 
Subject of his Two Letters, and to this the Prisoner must confine 
himself in the hearing of his evidence. To allow him to examine 
such Witnesses in his Case would be to afford him an oppor- 
tunity of publicly exposing his so-called Witnesses, and at the 
Head of them His Excellency the Governor, in the Name of 
His Majesty, of this Colony in the most scandalous manner 
and of making them the objects of the ridicule and derision 
of the Prisoner and his party who are most probably here in 
order to amuse themselves by being present at such a shameful 
act. This would be the most ready means at once to destroy 
all feelings of respect and reverence for the existing Govern- 
ment, to Stir up the Inhabitants against Government, 
induce them to follow the prisoner's example, who 

390 Records of tlu Cape Colony. 

thrown the Scabbard amongst the Dependants of the Governor 
and will go to encounter His Excellency with the naked 

Is this the object for which the Prisoner wants to abuse the 
public administration of Justice in this Colony ? And who 
can doubt it ? Then it is time Your Worships that we stop 
him in his purpose before that Government be deprived of all 
its power and energy, and under the Cloak of Liberty to speak 
and to write, all confidence in, and Goodwill towards Govern- 
ment destroyed, all the bonds of unanimity torn asunder and 
disaffection and Confusion established in the place of Grood 
Order and TranquilUty. The List of the Witnesses given in 
by the Prisoner bears another mark of his object to expose the 
Governor of this Colony in the most scandalous manner. I 
need scarcely point it out to the Court, for it is too palpable. 
I mean the description given by the Prisoner of one of the 
witnesses, whom he has not named. Is not this the clearest 
and most evident proof of the wanton and humiliating purpose 
of the prisoner, and does it not indisputably shew that even 
the List of his Witnesses has been made out by him Animi 
injuriandi ? Here your Worships is a sufficient reason in 
itself to reject the whole of the list. Surely the public 
administration of Justice must be the means to restrain and 
not to encourage offenders. Supposing however that these 
reasons may not be considered as sufficient to reject the whole 
of the witnesses, even then there is another reason in Law and 
grounded on the opinion lately publicly declared by the 
Colonial Court, why the witnesses called by the Prisoner should 
be rejected. It is evident that it is not his intention to prove 
by their Evidence that he is not the Author of the two writings 
in question or that they were not sent by him to His Excellency 
the Governor. Did he want by proving either of these two 
points to make his innocence appear, then I should be obliged 
to afford him an opportunity so to do ; but as he plainly 
wishes to confine himself to the subject of his Two Letters, 
I must remark that he cannot excuse himself by asserting the 
truth of what he has said. The only question here is. Are 
the Two Letters Libellous ? the answer to this question does 
not depend in this Case on the Enquiry into the truth or 
untruth of what the prisoner has written therein against His 


Records of the Cape Colony. 391 

Excellency the Governor, but on the mode in which he has 
composed them and the person to whom he addressed them. 
When the principal question comes to be treated I shall prove 
that nay charge is grounded. 

It is at present sufficient to have made the remark in order 

to shew that the decision which was given in the former case 

of the prisoner, respecting the calling of witnesses, regarding 

the subject of the questionable writing is in this case likewise 

appUcable. I dispute to the prisoner the right even to bring 

the truth to light, in the manner he has done. Far be it from 

me your Worships to allow the truth of the prisoner's grossly 

Slanderous language, but I speak here only on the acknowledged 

principles of Law on which I conceive the Court's decision 

must rest in the admission or rejection of Evidence relative to 

the matter of the prisoner's two Letters. To develope these 

principles more fully is unnecessary, as I can confidently refer 

the Court to what is amply laid down in Holt's Law of Libel, 

Book 1, Chap. 3, page 38, and the following, and in Book 3, 

Chap. 4, page 274 and the following, and to what I have said 

above on the highly offensive and seditious tendency which 

especially in the present case must be the consequence of the 

discussion of the subject of the Two Letters in question. I 

therefore conclude for the rejection of the List of witnesses 

deUvered in by the prisoner and that the investigation of this 

case may be declared closed. 

The prisoner in answer says to the following effect : By the 
49th Art. of the Crown Trial you will perceive that " If the 
accused denies having perpetrated the Crime, or part thereof, 
or if he acknowledges the perpetration of the Fact but denies 
its criminality, the re-examination of the witnesses whose 
evidences are contained in the preparatory examination, and 
the examination of those whose evidence has been called on 
by the public Prosecutor and the accused, shall be proceeded 
to immediately after the accused has been interrogated." 
Now in that Art. it is ordered that Witnesses shall be heard 
as I deny having forwarded these Two Letters to the Governor, 
as you will find in the Records. 

Any man who is accused of having committed a breach of 
the Law ought to endeavour to clear himself and need not _ 
be ashamed of it, but the more shame it is for 'hQt^3^M 

392 Records of the Cape Colony. 

as shall be proved by calling the Witnesses. When I -was here 
six years ago and on more important business, I then had 
already marked this Colony for my prey. I have before denied 
the Handwriting underneath these Two Letters and to prove 
this compare the same with my handwriting to be found under 
the List of my Witnesses, which List I beg to see. 

The C!ourt directs the Secretary to read the List of Witnesses 
to the Prisoner, and of No. 12 to read only a Manumitted 
female Slave of Mr. Van der Riet. 

The Prisoner further says in substance, I only wanted to see 
the List which I signed in order to compare the same with the 
Letters produced by the Fiscal, as I deny having written them, 
they can have been written by the same person who sent the 
Letters to the Fiscal produced this morning. By giving in 
the witness in the case of Cooke and me, it was not to blame 
any character but to prove facts. 

The witness on my List No. 12 is a manumitted female 
Slave of Mr. Van der Riet the Concubine of Lord Charles 
Somerset, now hving with him whose name I was not able to 
ascertain, and I would have proved how many prize Negroes 
were given for her manumission. 

I don't see that Mr. Bowles was calumniated as I have no 
animosity against him. Mr. Whitefoord wrote an insolent 
Letter to me, according to the instructions given to him, so 
that I have no animosity against him. I have no animosity 
agfidnst Mr. P. G. Brink who only writes by His Excellency's 
Commands, nor against Mr. Van der Riet the Sequestrator or 
Dr. Roberts and to whom nothing insulting has been said, so 
you will perceive that the Fiscal has made a mistake, and he 
who makes one mistake may niake many others. 

I have never said a word of a naked Sword, but used the 
word Scabbard, I never called Mr. Kekewich and Van der Riet 
the minions of His Excellency, but the Fiscal now tells me 
who they are, so that the cap was well made for it seems 
to fit. 

I never said that I would clip the wings of Mr. WUberforce 
Bird, but I said I would clip the wings of any Bird who would 
croak or peck at me, and so I will. His Majesty's Fiscal calls 
the flying adviser, Mr. Bird, I must say a very bad adviser. 

It was never my intention to compare a learned man with a 


Records of the Cape Colony, 393 

Convict as the Fiscal says. I admit the Letter was severe 
£tga,iiist Mr. Auret, but there was^ no great harm in saying an 
unwashed artificer, because he is a son of a Cooper. It is far 
from my disposition to calumniate a man in his grave. I do 
not know that I have more than one friend in this Colony, the 
friend of my youth and my schoolfellow, who holds a high 
Situation, but dare not avow it, as he is afraid to be known as 
my friend. 

Such is the present system of Government in this Colony, 
tliat a man dare not notice his schoolfellow in the face of open 
day, it is time that the Fiscal is anxious to do justice as he 

The Fiscal says that by hearing the witnesses my wish is to 
expose the Governor, he dare not come here, as he is afraid to 
answer the questions I had put to him, and he will never tell 
you what is known about the Cape Corps, and he will never 
tell you that he broke the heart of Major Fraser. 

The Fiscal requests the prisoner may be stopped in his 
improper observations, as such can have no other tendency 
than to stir up the minds of the disaffected against Govern- 
ment, and that as long as the reins of Government are in the 
hands of His Excellency, it is but the duty of everyone to 
protect him. 

The Court orders the Prisoner not to make use of any further 
improper expressions, and to confine himself within the bounds 
of Decency in his Defence. 

The Prisoner hereupon proceeds as follows : I was not 
arguing in my defence, I bear no malice against any man, and 
I was only answering what the Fiscal stated. I declare 
before God, I have no mahce against the Governor, as I only 
wish to show that my witnesses ought to be heard, and I have 
said nothing to-day that I do not wish should be sent to Lord 
Bathurst. i 

The Fiscal says the reason for not examining my witnesses 
is also admitted by the Court of Appeal" in a former instance. 

In Appeal the Governor is the Judge who has not been 
brought up as a Lawyer but as a Red Coat, and may therefore 
be a good Soldier but not a good Lawyer, for no one can jui 
into a good Lawyer in a short time, therefore he cannot^ 
good Lawyer. I have endeavoured by 15 ye 

394 Secot'ih of (lie Cape Colony. 

become acquainted with Law, and notwithstanding my appli- 
cation I am far from calling myself a good Lawyer. By the 
evidence of Lord Charles I wished to prove who gave him 
these Letters and I am sure Lord Charles will be glad to 
know that I did not write them, and so would everyone else 
who is therein mentioned, and as it is not proved, that these 
Letters were published it is not a Libel, as a Libel cannot exist 
without being pubUshed. I give my honor I do not know 
who gave them to Lord Charles. Suppose I wrote those 
Letters, and they were stolen from me, am I then guilty of 
a Libel ? 

The Fiscal quotes Holt, but there is a great diflFerence 
between a truth spoken in maUce or a truth written privately. 

I am not on my defence or I would have told and shewn you 
the reason I have been prosecuted and which I will do, if the 
opportunity be afforded me, and therefore I will not detain 
you longer, and submit this case as the Law requires. 

The Court having heard the parties and taken everything 
into consideration which deserves attention or could move 
the Court, rejects the List of Witnesses given in by the prisoner 
and declares the Investigation closed, with orders to the 
Prosecutor to proceed to his Claim and make such conclusion 
as he may deem meet, according to the nature of the case 
and the Laws of the Land. 

The Court postpones the further proceedings in this case 
tiU Friday next. 

Done at the Cape of Good Hope, Day and year as above. 

(Signed) F. R. Bresler, 


In my presence, 
(Signed) J. T. Jurgens, Head Clerk. 

Continuation of the Trial of William Edwards, Prisoner. 

Friday 7th May 1824. 

The Commissioners having taken their Places, the conduct 
hitherto pursued by the prisoner on his Trial is first made a 
subject of deliberation and the Court being apprehensive that 
the prisoner may in his defence again express himself in the 


Records of the Cape Colony. 395 

same indecent and slanderous manner as before, resolve to 
pass the following resolution as a serious warning to the 
prisoner, to be publicly read in the English and Dutch 
Languages by the Secretary. 

The Court previous to hearing the defence having taken into 
consideration that the Prisoner in the course of the Investi- 
gation of this case instead of confining himself to a becoming 
Justification or extenuation of the Crime with which he stands 
charged, has on the contrary, transgressed all bounds of good 
order and decency and entirely losing sight of the respect due 
to a Court, has found good, premeditatedly to aggravate with 
new slander that with which he stands already accused, a line 
of conduct which can have no other tendency than to create 
aversion and contempt towards the existing Government of 
this Colony and disturb the peace and tranquillity of its good 
Inhabitants, the Court therefore feels itself imperatively called 
upon, to bind the Prisoner in making his defence to this special 
restriction that he shall carefully refrain from any expressions 
which can have the smallest tendency further to insult any of 
the public authorities whatsoever on pain of being stopped in 
his further defence and definitive judgment given on the pro- 
ceedings already had in this case ; Saving however the duty 
of the Court to pay such regard to the Scandalous Language 
already made use of by the Prisoner in the course of this Trial 
as the honor and respect due to the Administration of Justice 
under His Majesty's Government shall be foimd to demand. 

The above resolution being passed and His Majesty's Fiscal 
and the Prisoner having appeared in Court, the latter is 
informed through the interpretation of the English Assistant 
Secretary that he is at liberty to make choice of one of the 
admitted advocates to assist him in his defence, which the 
Prisoner thanking the Court declines, on the grounds that his 
Trial is now so far advanced that the employing of an Advocate 
who perhaps would not properly understand the case might 
tend to its being placed in a wrong point of view. 

The Fiscal being thereupon admitted to make his claim 
says as follows : 

Worshipful Gentlemen, 

The acknowledgement which the Prisoner pt 

396 Records of the Cape Colony. \ 

Court on Wednesday last, that he retracted the sl&nderoiH \ 
accusations made agamst me on the occasion of the former 1 
prosecution which I carried on against him, obliges nrie on my | 
part to declare, that altho' they caused me a rQonieii1>*s jjain I 
they have not by any means incensed me against him, And that \ 
should he in the course of this proceeding hear severe language 
from my mouth he must not attribute it to any personal 
feelings of enmity towards him, but that it is a sense of my 
duty which guides my tongue, for I conceive it to be a sacred 
duty imposed on me to warn the public and if possible to 
secure them against the poisonous influence of the inflamiziatory 
writings and expressions of the Prisoner. 

Hitherto it has been the boast of all the Colonists that they 
have unanimously gone hand in hand by a due obedience to 
Government, and a proper respect for the Laws and for their 
Rulers, to render themselves worthy of the protection they enjoy 
from the Mother Country. Has a Governor ever left this 
Colony, without carrying this conviction in his Bosom ? or 
who has not borne testimony to his Government of this praise- 
worthy unanimity of the Colonists, and shall then a stranger 
who till a few months since has lived far from our shores poison 
the minds of the well-thinking Colonists by stirring them up 
against the Government, and the existing Order of things, 
especially against Him who is at the Head and who is charged 
with the execution of the Laws of the Sovereignty ? Will he, 
when they, led away by his example, have plunged themselves 
in ruin, save them ? Will he whose sole plan has appeared to 
me to be to overturn the present order of things, who has at 
least made preparations to substitute a new one in its place, 
to hold up the Governor to public hate and aversion, to make 
the Laws of the Land the object of disrespect and violation, 
and to make the public confidence in the Officers of Govern- 
ment appear as a tissue of partiality and oppression, will he, 
I say, in the confusion that must necessarily ensue from his 
plan, if realised, which God forbid, disentangle the heads 
which he has, decoyed into the snare ? Against the evils of 
such a state of things, which must arise if the public find a 
miserable satisfaction in the seditious plan of the prisoner, I 
feel it my most sacred Duty to warn the good public of this 
Country. Can it be ? then I wish as a well, aflfected Colonist, 

Eecords of the Gape Colony, 397 

t^Ixat the example which the Court by the punishment of such 
>?irretches will give to the public, may deter all those who may 
be deaf and imfeeling to my warning from the commission of 
such extravagant acts and make them perceive the danger of 
committing their own weak Boats on the stormy sea where 
"bte prisoner now finds himself ready to be engulphed in its 

I have no inclination to repeat all that the prisoner has 

said in his two Letters which are the subject of the present 

criminal prosecution. Every one who only looks at them with 

a superficial eye will feel with me that they have a tendency 

to incite the inhabitants of the Colony, to whom they will 

become generally known by the publication which must 

unavoidably be given to their contents in the course of this 

proceeding, against the public administration here, and if 

possible to sow the seeds of Sedition, namely by now directing 

the attacks which have hitherto been made against the lesser 

magistrates, against the Governor himself, in such a manner 

as a supposed sense of oppression must create in the minds of 

those who are weak and credulous enough to lend an ear to 

the prisoner, and thus call forth a desire for deliverance from 

the oppression which that feeling must awaken. 

I shaU begin with the Letter of the 22nd April 1824. The 
prisoner who in a former Letter, written not many weeks ago, 
says to be more willing to sacrifice the hand that would assail 
His Excellency's honor than to pluck one feather from his 
plume has soon made himself the object of the threatened 
punishment, yes, even if he has written the truth his own hand 
must be the sacrifice his loyalty was willing to make in defence 
of His Excellency's honor, for with that hand was the infamous 
Letter of the 22nd April last written and signed, this Letter 
which begins with (to what end I cannot possibly see) an 
allusion to the unfeelingness and cruelty of a parent by which 
a dishonored daughter had been driven to desperation, who 
perhaps was virtuous and amiable, but whose offending had 
arisen more from warmth of affection than absence of chastity, 
immediately continues with this remark, that Calumny has 
often converted Man to Crime, and after this observation he 
falls directly into such abuse of His Excellency the Governor 
that one cannot be astonished at anything more than at t 

398 Records of the Cape Colony. 

existence of such audacity as that which the prisoner has been 
guilty of. 

Since the year 1662 this Colony has been ruled by different 
Governors, but it is in vain that we look into the retroacts of 
the Government for a single example of any Individual who 
has dared to use such language to a Governor as that to be 
f oimd in this Letter and the one which followed it on the 26th 
April. No, it will be said in former times the Governor had 
the rip:ht to send such disturbers of the public peace out of 
the Colony. The same right, Your Worships, is given to the 
British Governors by their Instructions, and that His Excel- 
lency has not availed himself of this right in the prisoner's 
case is a proof of his moderation and a desire not to impede 
the ordinary course of law except there be an absolute necessity 
for so doing, which has always been the characteristic of His 
Excellency as well as of his Predecessors, but there might be 
a circumstance which could render the use of this power by the 
Governor indispensable. I shall say but little on the calum- 
nies used by the prisoner against the other persons besides 
the Governor, they tend to the aggravation of the animus 
injuriandi. The crime of the Prisoner concentres itself 
against the head of the Colonial Government whom he says he 
will attack as an open Enemy and against whom he has really 
conducted himself in such a manner as if it were allowable 
for him under this Government to commit acts of open hostility 
against the head of it. In the Letter of the 22nd April the 
prisoner accuses the Governor of partiality, injustice, 
incongruity, inconsistency, and arbitrary conduct in his 
administration, and he would now wish to have an oppor- 
tunity by the examination of those whom he calls the minions, 
the dependants of the Governor, to make the whole public 
the witnesses of his continued and uninterrupted derision, to 
lead away the weak and the credulous, and to harden the 
wicked in their evil ; but this has been wisely refused him by 
Your Worships. 

His second Letter, what else is this than a secret accusation 
against the Governor of wilful and premeditated partiality 
and injustice in his Excellency's sacred function as Judge in 
Appeal. This second Letter also contains an open threat in 
case the Governor within twenty-four hours indemnify one 

Records of the Cape Colony. 399 

Richard Stone for a pretended injustice he is said to have 
suffered. What must Your Worships think of such threats 
from an Individual of the Colony towards the Head of the 
Government while holding the reins of the Public Adminis- 
tration ? Is it necessary to say^ that this is not the manner 
iix which the party cast is to address his judge, but that if he 
conceives himself to be aggrieved by a sentence he may seek 
for redress in a higher Court, if such a Court exists, and altho' 
he may respectfully acquaint the Judge who has decided 
against him of his intention to appeal, he may by no means 
attack him with threats. 

I shall endeavour ordinarily to prove 1st that the Dutch 
Law is the Rule by which the Court must judge of this case 
although the decision of the English Courts in this respect 
corresponds very nearly with it. 

2nd. That, considered according to the Dutch Law the 
injury is not liable to any doubt, because, (a) there exists a 
Corpus deUcti, and (b) the crime has been consummated by 
the prisoner ; and 

3rd. That the atrocity of the injury demands a very severe 

Ad Primum. That the Dutch Law is the Rule for the 
Court's decision in this case. 

I do not maintain this. Your Worships, because that if the 
case were to be tried here according to English Law, this 
Court would then be incompetent to sit in judgment on it ; 
this question has already been solved by me in my answer on 
the Exception of incompetency. 

The Competency of this Court whether the case be tried 
according to Dutch or according to English Law still remains 
in both cases, but only should there be any doubt that the 
principles of the English Law and of the Dutch Law do not 
correspond, then the latter must have the preference. I by 
no means agree with the advocate who in the former prosecution 
which I carried on against the prisoner maintained that the 
two Laws correspond so well together with respect to libellous 
writings that it was all the same whether one had recourse to 
the one or to the other, and altho' I readily believe that bo^ 
the Laws in this regard have been deduced in common f^ 
the Roman Law and that they have a very clc 

400 Recou'ds of the Cape Colony, 

has however fared therewith as with the English Langnage, 
which although in many respects derived from the same old 
Languages as the Dutch had its origin from, is still however 
in a great measure unintelligible to a Dutchman. The prin- 
ciples of general law are besides applicable in particular cases 
which can be safely deduced from both the Laws, because the 
principles of both are the same, and therefore I shall not 
hesitate to appeal in this case to the EngUsh Laws although in 
other respects where I have found any essential diflference 
between these Two Laws I shall set the English aside and 
follow the Dutch Law. Thus I have declared in this Case 
that I do not require any witness, not even His Excellency the 
Grovemor, because that the proofs are in the Documents them- 
selves, although I find it laid down in the English Law that it 
is an invariable Rule not to grant an information for a Ubel, 
without an exculpatory afl&davit, Holt's L of L Book 3, Ch. 2, 
Page 257, for I am certain that this requisite of the English 
Law has never been observed either in Holland or in this Colony. 
But at the same time I am of opinion, that according to both 
the English and Dutch Laws it is not at all in point in the 
criminal Investigations of the Crime with which the prisoner 
is charged, to ask whether he has written truth or falsehood, 
but whether: his two Letters are libellous as I have described 
them to be in my act of Accusation. 

This principle we find specially admitted in the Dutch Law 
in De Groot's introduction. Book 3, Part 36 § 2 and by Voet in 
his Commentaries ad tit D. de Injuriis J 9 beginning with the 
words. Quod se verum esse constet quod ohjectum set nee sic 
quidem objicient ab abjuria semper excusatus est and ending 
with the words inimico de ferentis animo profecisci, and in the 
English Law by Holt and others, such as in the work of Holt 
already quoted Book 1 Chap. 3, Page 40, and in Book 3, 
Chap. 4, Page 275. It scarcely needs an answer that the Crime 
with which I have accused the prisoner could not exist according 
to the Dutch Law in observance here, because that therein 
could not consist a libel against the representative of the 
King for that the former Government was a Republic. 

It is then His Majesty the King qua talis a moral person, in 
whom all the rights of the Sovereignty which are divided 
among a greater number of persons in a Republican Govern- 

Records of the Cape Colony, 401 

ment are united, and can it enter into the brain of any thinking 

being, whether it be the Grovemor here who represents the 

monarchical government of his nation or whether it be the 

Governor of any other Colony who represents the heads of 

the Republican Government in his Country that their Functions 

in both cases are not the same, or that the wounding of their 

high dignity and the authority with which they are vested do 

not in both cases deserve the same punishment. The Dutch 

Law also acknowledges under a Republican Government the 

crime of wounded Majesty, which is to be seen in the example 

of one Slatious and others who were punished in the year 

1623, vid. Matthieus de crim, ad. Lib. 48, tit. 2, cap. 1 § 3 and 

Cap. 5, § 1, and the following, and when I properly consider 

the tumultuous conduct of the Prisoner before this Worshipful 

Court on the 4th and 6th Instants I feel myself almost 

obliged to accuse him before Your Worships of that crime. 

Ad Secundum. My second point of demonstration is, that 

considered according to the Dutch Law, the injury is not 

liable to any doubt, because 

(a) There exists a Corpus Dehcti. 

(b) The Crime has been consummated by the prisoner. 

(a) According to the doctrine laid down by Hugo de Groot 
in the place above quoted, Slandering is the crime of those 
who either verbally or in writing in the absence or in the 
presence secretly or pubUcly state anything by which a man's 
honor is wounded, even were such the truth, " excepting such 
statement be made to the magistrate, for the purpose of 
punishing guilt. Touch on this the Two Letters the contents 
of which are the subject of this prosecution. Both of them 
are public statements (and the writer has not even hesitated 
to subscribe his name to them) by which the Honor and 
dignity of the representative of our Sovereign in this Colony 
is wounded and by which His Excellency is insulted and vilified 
in the most scandalous manner. 

Perhaps it will be expected from me that I shall employ 
myself in proving the animus injuriandi, but does not this 
appear from the Letters themselves ? Must not in this, the 
same as in many other Criminal Cases, the will be deduced 
from the deed ? This the Roman Law from which the Dutch 
Law in this respect is derived teaches us, and wherein the 

XVII. 2 D 

402 Records of the Cape Colony. 

proof that no animus injuriandi existed is laid on the shoulders 
of the accused, Si nan bonvidi ConsUio te cUiquid injuriosum 
dixisse probare poles fides veri a calumnia te defendit. 

The very same is taught us by the English Law, in Holt 
Book 2, Chap. 12, page 187, where he quotes the words made 
use of by Lord Ellenborough on the occasion of TTih Lordship 
giving judgment respecting the author of a certain Libellous 
writing as follows : — 

'* The necessary tendency of the Libel was in the Language 
of the indictment, to traduce and defame the prosecutor, and 
to prejudice him in the minds of his countrymen and to cause 
it to be believed that he was guilty of the offence laid to his 
charge and to deprive him of the benefit of an impartial Trial. 
If so, the Law infers that such was the intention of the Defen- 
dants in publishing it, and they must answer for the injury 
they have thus done to the Prosecutor individually and to the 
community of which he is a member." 

That the proof of there not having been any intention to 
offend on the part of the writer of the two Letters in question 
is not to be found in the pretended truth of the Slander appears 
from the definition of De Groot, who says that the truth of 
the statement can only acquit the author of criminality, when 
the information be given to the magistrate for the purpose of 
punishing guilt. 

To whom now are these two offensive Letters addressed, to 
whom has the prisoner expressed the Slander with which 
they are crammed ? Is it not to the Governor himself, who 
although a magistrate and the highest Magistrate in this Colony 
cannot however be either a magistrate or a judge in his own 
Case, and to whom the Two Letters are neither addressed as 
a magistrate nor for the purpose of punishing the crime of 
Slander with which His Excellency is loaded in both these 
Letters, but as to a private person, as to a judge no longer in 
office. See only the Superscription of the Letters themselves. 
That now the Prisoner must be held for the author of these 
Two Libels has appeared to me so clearly both from their 
contents and from the handwriting and well known Signature 
of the Prisoner, that I have not deemed it necessary to inves- 
tigate the point by calling witnesses, neither should I have 
been at all surprised, had I done so, that such an investigation 

Records of the Cape Colony. 403 

would have been fruitless, because if he has shewn or read these 

Letters to any of his friends previously to having sent them 

to His Exeellency, these friends who by their Silence become 

accompUces, woidd have taken good care not to have told me 

of it. The Contents of these Letters, Your Worships, have 

convinced me that no other person than the prisoner can be 

the author of them. Who is there in the whole Colony, if he 

wanted mala fde to borrow the prisoner's name, who possesses 

wantonness and mahce enough to write in such a slanderous 

manner excepting the prisoner who has given more than one 

proof to this Court of his pernicious propensity hereto ? By 

comparing the one with the other Your Worships will be enabled 

to convince yourselves of this truth, for as one knows a bird 

by his feathers so do we discover the author by his writings. 

But besides the contents themselves of these Letters prove in 

the clearest manner that the prisoner and no other person can 

be the author of them. He is surely the same person who was 

criminally prosecuted before the Sitting Commissioners for a 

molest at the House of W. F. Venables, who was condenmed 

to pay a Fine for that transgression, who complained to the 

Court of that prosecution having been conducted by the Chief 

Clerk in the FiscaFs Office, whose memorial of the complaint 

in consequence of informahty having been returned to him 

without reply was sent by him to His Excellency but to which 

he received no answer. Can all these circumstances, partly 

known to himself only, be mentioned and related in the Letter 

of the 22nd April last, were he not the author himself ? Let 

the prisoner himself answer the question. 

The Letter of the 26th April last which involves the 
accusation that His Excellency the Governor as Judge in 
Appeal should have nfuda fde given an unjust decision, carries 
with it no less proofs of its being the prisoner's act, in it is 
quoted a Letter of the 4th February 1824 which is a Letter 
from His Excellency the Governor to the prisoner, in which 
the last words are " having ever considered it the first duty 
of a Governor to act in obedience to and in support of the 
Laws over which he presides." Does it not evidently appear 
herefrom that no other person than the prisoner is the Author ? 
as no other than he had the opportunity to make that quotation 
from the Letter which was in his possession. I should have 

2 D 2 

404 Records of the Cape Colony. 

exhibited a Copy of this Letter in order to enable the Court to 
compare it with the Letter of the 26th April last, had not the 
prisoner spared me the trouble in his own defence on his 
exception. For surely he on that occasion not only roundly 
acknowledged that he was the author of the Letter, but also 
that he copied the words here alluded to from the Letter 

Were the contents of the Two Letters not sufficient to 
convince me that the Prisoner is the Author of them, such 
would appear from the well known hand of his Letters and 
Writings, which I as well as the Court have already seen. 

In the work of Holt already quoted I find the following 
observation, " Where a Libel appears under a Man's own 
hand writing and no other, and that is known, he is taken 
with the manner, and turns the proof upon him and if he cannot 
produce the Composer, it is hard to find that he is not the very 

This alludes to cases where there is no other proof than that 
the Libel is written in the well known hand of some person. 
The Two Libels in question are in the well known hand of the 
prisoner, although he thought proper on his Examination to 
deny this fact, but here we have another much more significant 
mark. The Signature of his name " W. Edwards," which in 
itself would be sufficient even if the Letters had not been 
written by him to stamp him as the author. Such signature 
could not have been affixed by any other person than the 
prisoner, unless by the Commission of Forgery, a crime which 
cannot be supposed without some reason, and which therefore 
must have been committed did not the contrary appear on 
comparing these signatures with other signatures of the 

When now Your Worships compare these with all the other 
signatures which are already in the possession of the Court 
and which have been exhibited by me, and hereto the prisoner 
has himself opened the road by the manner in which he signed 
the List of his Witnesses, then I doubt not it will be found 
that they are not imitated or forged but that they are the 
own handwriting and signatures of the prisoner himself, 
which added to all I have already advanced will if I do not 
very much deceive myself afford the fullest and most complete 

Records of the Cape Colony, 405 

proof that the prisoner is the author of the two libellous 

I should say much more on the point, had not the prisoner 
both by his endeavours to prove the contents of the Letters 
by Witnesses, as well as by his own repeated acknowledgement 
that he is the author of them on the occasion of his Defence 
on the exception given more than sufficient proofs of this 
truth which has already been clearly proved by me. 

It is truly singular that after all this, the Prisoner should on 
his examination have denied to have composed written or 
signed these Two Letters. Such a denial of existing and proved 
Facts cannot have any other tendency than greatly to aggravate 
the prisoner's crime and to evince Self Consciousness of his 
guilt, for otherwise it would not have cost the prisoner anything 
when he was asked, are you the author of these writings ? 
to have roundly answered, " Yes." It is to no purpose that 
the prisoner maintains that the denial annuls his previous 
qualified acknowledgement that he is the author. It was made 
in open Court, voluntarily, unasked for, and therefore the more 
effectual, and it was made with the criminal object of repeating 
what he had already written in the Two Libels, and of im- 
printing it more strongly on the minds of the numerous public 
which were his hearers on that occasion. 

(b) I now come to the last part of my second point, that 
the crime has been consummated by the prisoner. 

As long as the crime of Injury is only meditated or intended, 
so long as the libellous writing is locked up in the desk, and on 
the first moment he has done, destroyed and consigned to 
eternal oblivion, so long is there no consummation of the 
crime, but the moment that the Injurer lets the abuse escape 
his Lips, or draws the offensive writing from its concealment, 
then is the crime consummated. It appears to have been once 
a matter of doubt whether when an abusive writing only 
reached the person to whom it was addressed the crime could 
be held for complete, as the offended person could have kept 
it to himself, but this doubt if it ever did exist is unreasonable, 
for the intended effect of the offence was attained, as soon as 
the offended received it. The arrow is shot and when it has 
hit the mark, it can but little avail the Sufferer, that he can 
cover the wound with his hand, he is wounded. It is therefore 

406 Records of the Cape Colony. 

that we justly find it laid down in the Roman Law, that the 
injury eidsts as soon as the injurious writing is delivered. 
Thus we find it written in the Roman Law in the L. 5, § D. de 
Injuriis. De Groot in the definition which we have quoted, 
places the crime in the mere expressing of the Lijury, and if 
we look into the opinions of the English Lawyers such as 
Blackstone and Holt on the subject, we shall find that the 
mere sending of an abusive Letter to the man to whom it is 
addressed is sufficient to ground a criminal prosecution, or as 
the English Law expresses it, a sufficient pubUcation of the 
Libel for the above purpose. 

In the* IV of Blackstone, page 160, we find these words, 
" The sending of an abusive private Letter to a man is as much 
a Libel as if it were openly printed, for it equally tends to a 
breach of the peace," and in Holt Book 3, ch. 5, section 2, 
Page 283, we read thus : " Proof that the Libel was contained 
in a Letter directed to the Plaintiff and delivered into the 
plaintiff's hands is not sufficient proof of a publication to 
maintain an action but an Indictment or an Information 
will lie," 

In another part of the same work, namely B. 2, C. 12, 
Page 220 and 221, we find the following, " the sending of such 
Letter (an abusive Letter filled with provoking Language to 
another) without other pubUcation is clearly an offence of a 
public nature, and punishable as such, in as much as it tends 
to create iU blood and causes a disturbance of the pubUc peace. 
The Cases on this head of Libel are very numerous." 

That now the prisoner is the person who gave the two letters 
out of his hands, and that they reached His Excellency the 
Governor, of this I trust Your Worships will not entertain the 
smallest doubt, I will not even here advance, as I could do, 
that the Two Letters were delivered by His Excellency himself 
to me, that they passed from hand to hand, that after I had 
read them, I delivered them back to the Governor in the same 
manner, and that they were afterwards sent to me officially 
enclosed in the letter from the Assistant Colonial Secretary 
which I have exhibited in this prosecution ; all this is unneces- 
sary, the Official Letter I speak of proves that they were sent 
to me in the name of his Excellency and therefore that they 
were transferred from the possession of His Excellency into 

Records of the Coupe Colony, 407 

mine. If then these Letters were in the Governor's possession, 

hoTV did they come there ? The answer is plain and natural, 

they were both according to their contents which cannot lie, 

addressed to His Excellency, and consequently they were 

delivered to him, the Prisoner allowed them to get out of 

his possession in order that they should get into that of the 

Governor. This, however, the prisoner denies ; he maintains 

they may have been stolen from his Table or out of his pocket, 

and therefore have reached His Excellency without the 

Prisoner's consent, but too late Your Worships. No crime, 

no theft is presumed. Had they really been stolen from him 

would he not have reported it, would he not have complained 

and endeavoured to find out the thief ? Would he not have 

produced proofs of his good faith in this particular respect in 

order to enable the Court to judge whether he spoke the truth 

or not ? But there is nothing of the kind to be found. The 

Two Letters were delivered to His Excellency the Governor 

in the customary manner, they are of diflEerent dates, and 

delivered to the Governor at diflEerent times, for before the 

latter was written the former was given to me to read by His 

Excellency, which I recollect was the 23rd April last, the 

celebration of His Majesty's birthday ; three days must 

therefore have elapsed before the writing of the last Letter, 

and if we attentively peruse the Letter of the 26th April we 

shall find that His Excellency is therein threatened with a 

criminal prosecution in case the letter si ould not be answered 

within one day. " I shall expect an answer to-morrow or I 

shall the following day take the depositions and prepare the 

impeachment for Mr. Stone." 

This your Worship is the highly oflEensive and threatening 
Language with which the prisoner concludes this Letter, it 
was therefore the intention that it should be delivered imme- 
diately, for within one day the prisoner expected an answer. 
It was also sent oflE immediately, and on the first day of the 
Races, which was on the 27th April, it was given to me by the 
Governor to read and returned by me to His Excellency. K 
therefore the assertions of the prisoner be true, two different 
Thefts of the Two Letters must be proved by the prisoner, he 
must account for his silence in not giving information thereof, 
he must prove that he really was sorry for his having written 

408 Records of the Cape Colony. 

his last Letter, that of the 26th April, for without an existing 
repentance he could not have kept back that Letter which 
required to be answered within one day. Is there now the 
smallest reason to suppose that the Prisoner did repent ? 
Who is there who has not with me heard with indignation the 
language of the prisoner before this Court on the 4th and 5th 
Inst. ? Is such the Language of a Penitent ? No, it was with 
a laughing countenance that the prisoner in his examination 
denied to have sent the two Letters, he seemed to await the 
approbation of the Public to whom he turned round, while he 
merely to give the prosecutor a little more Trouble, spoke the 
word No, but with such a countenance, as plainly said to anyone 
who paid the smallest attention " I am the man that dare do 
such things, follow my example and you shall find in me a head 
and a Leader that will undertake anj^hing.'' 

Ad tertiam : I am now come to the third point of my 
demonstration, namely that the atrocity of the Prisoner's 
crime demands very severe punishment. 

I shall by no means occupy Your Worships' time with tjhe 
contents of the Two Letters of which I have already said 
enough to prove that they are in the highest degree Ubellous, 
I shall only as it were en passant observe that were it here the 
object to prove the bad faith and malice of the prisoner from 
the untruth of his assertions, I should have a great deal to say 
to defend His Excellency from such foul and such false asser- 
tions. But such a defence the Governor does not need. I 
have only at rhis moment to call the attention of the Court to 
all the aggravating circumstances of the prisoner's crime, for 
the crime itself is more than suflSciently proved. 

In estimating the Crime of Injury we find it laid down in 
the Roman Law § 9 Inst, de Injuriis, that the crime increases 
in proportion to the high rank and situation of the person 
against whom the abuse is levelled, and most justly, because 
in proportion as the injured person is higher the greater must 
be the audacity of the person who abuses him, and the greater 
is the necessity of making an example of the offender, who 
when he dares to attack with abuse him to whom he owes 
respect and obedience would not hesitate to trample and crush 
the humble when they might come in his way. The Prisoner 
has dared to attack with the most violent abuse the Governor 

Records of the Cape Colony. 409 

-wlio in the name of His Majesty the King holds the reins of 

tlie public administration in this Colony, he has done so in 

Tvxiting, he has by declaring that he will be and will act as an 

open enemy of the Governor, through whose indulgence not a 

year ago he was allowed to remain in this Colony and earn his 

daily bread as a Notary, most plainly and evidently evinced 

his audacity and at the same time his baseness, his crime has 

therefore almost reached the pinnacle, one step more and the 

prisoner will contend with the Sovereignty and dare to attack 

the King on the Throne. He says the Governor is not raised 

above the Laws. Who denies this ? But as long as the 

Governor in the name of his and our Sovereign holds the reins 

of Government in his hands, so long must his sacred Function 

be respected and maintained, and this latter is the duty 

which will now rest on Your Worships. 

The crime of the prisoner which is already so much 
aggravated by the rank and dignity of the injured person is 
not the less so by his audacious perseverance therein. Did he 
not when called upon to give in the names of his witnesses, in 
forming the List, insult and defame the Governor anew ? 
Did he not endeavour to plant a deadly arrow in the Governor's 
heart by undermining his domestic comfort ? What has not 
the prisoner done in this very Court ? and what will he not 
still do, if he be allowed on his defence to transgress the bounds 
of decency ? He has already put the dignity and authority 
of the Court to severe trials, he has in spite of all recom- 
mendations and warnings dared to attack the head of this 
Government with his gross and extravagant abuse, abuse 
which I will not repeat, Your Worships, because I despise and 
detest the prisoner's language. He has endeavoured by his 
seditious discourse in the hearing of the public to form a party, 
and where will it end, if the weak and the credulous among the 
public are not deterred from following the same steps by the 
exemplary punishment of the prisoner ? Besides he has shewn 
that he is incorrigible, once he has been punished by a sontonce 
of one of your Worships with a fine of Rds. 150 for a moleat in 
the House and for abusive language of one of 
of this Town. Once he has been conde 
Court, to a month's confinement in 
even then on undergoing hia put: 

410 Records of the Cape Colony, 

he was proof against amendment. Now, again, he allows 
nothing to impede him in his mad course. There must there- 
fore once be an end to such gross and indecent irregularities, 
and as the punishment of the crime of injury is discretionary, 
vide § 10 Just. L. Ult. D. Injuriis, as the prisoner, in tliat of 
Kbel has been guilty in an aggravated degree of this crime 
against His Excellency the Grovemor, a Crime which in its 
grad0.tions can climb so high that the highest degree thereof 
is according to the Boman Law punished with Death, vide 
Lex unica Cod. de faur. Lib. (IX. 36), and as he has by his 
conduct rendered himself unworthy^ and totally incapable 
either to act as Notary, to remain in this Colony, or to have 
the hberty of renewing his evil course in another country, I 
therefore feel no hesitation to proceed to the following 
conclusion : 

I claim and conclude that the prisoner shall be declared by 
sentence of Your Worships guilty of the crime of Libel with 
which he is charged in the Act of Accusation aggravated by 
the incorrigibleness of his conduct, that he shall therefore be 
dismissed from his office of Notary PubUc in this Colony and 
declared incapable of serving His Majesty in any honorable 

Further that he shall be condemned to be transported to 
New South Wales or to some other Island beyond the Seas in 
the possession of His Majesty for the term of seven years to 
be computed from the day of his departure hence, and to be 
confined at Robben Island or elsewhere till an opportunity 
offers for his transportation, with further condemnation of the 
prisoner in the costs and expenses of the prosecution or 
otherwise, &c. 

The prisoner having been made acquainted with the con- 
clusion of the Claim, and the above-mentioned resolution of 
the Court being read in the English and Dutch Languages, 
the prisoner requests a translation of the claim in English as 
he does not understand Dutch, as also an English copy of the 
Resolution by which (as he expresses himself) his mouth is to 
be stopped and both these documents Pro Deo, as he is unable 
to pay for them, being without income in consequence of his 
confinement ; further saying, that in asking for a translation 
of the claim, he has no intention to delay the case, for that he 

Records of the Cape Colony. 411 

will be prepared within Two Hours after he receives it, to enter 
on his defence, as he merely wants a sight of it, in order to 
judge of the merits upon which the Piscal's conclusion is 
founded, for that he is confident he will be enabled to prove 
his innocence. 

That with respect to his function as Notary Public, he has 
no objection against the suspension, as he had already resolved 
to resign. 

The English Assistant Secretary declares not to be able to 
interpret at once the whole of the Fiscal's claim, in such a 
manner as not to risk giving a wrong meaning to some point 
or other of it. 

The Court grants the requested Copy and translation in the 
English Language to the prisoner, while the Court will appoint 
and communicate to the parties the time for the prisoner to 
make his defence, after that the translation of the claim and 
copy of the aforesaid resolution shall have been prepared and 
delivered to him. 

Thus done and resolved, day and year as above. 

(Signed) F. R. Bbesleb, 


Monday, 10th May 1824. 

The Secretary informs the Commissioners that he has 
requested this Meeting of the Court in order to communicate 
to them 

1st. The receipt on Saturday afternoon last of a Letter 
from the prisoner WiUiam Edwards, and that although he 
states therein, that it is for his own information, he, the 
Secretary, nevertheless conceiving it his duty to make this 
Court acquainted with it in consequence of the information of 
a p«trt of its contents, which purported to transmit as the 
prisoner called it. Sketch of a Resolution necessary as an 
answer to that of the Court, said Letter and Sketch being of 
the following tenor ; 

Cape Town, May 8th, 1824. 

Sib, — ^As I am convinced you wiU give me credit that I 
would do nothing so disrespectful to you as tlld * 

412 Records of the Cape Colony. 

shewn by the resolution of the Court, recognising the time and 
manner in which you received my letter, I scarcely think it 
necessary to suggest that some one must have opened it and 
perhaps kept it to make a copy. 

Being unable from illness to make another Copy for the 
Governor, I take the liberty to request you will return my 
letter that I may send it to His Excellency, and perhaps you 
will also favor me with Copies of the Correspondence of 1817 
with the Governor that I may send it to England. 

It establishes a thing that must not and shall not exist, 
" A Man above the Law." A Fiscal might thus be rendered 
a very useful and safe instrument in the hands of an unrighteous 

For your information I send you the Sketch of a Resolution. 
I think it necessary as an answer to thafc of the Court. I am 
sure you will not take offence that I did not copy it fair on better 
paper as I am so unwell, spitting blood thro' my too close 
confinement, it is an exertion beyond my strength. 

D. F. Berrange, Esqre. 

I have &c. 

(Signed) W. Edwards. 

Sketch. — Taking into consideration that I was unlawfully 
imprisoned 7 days in a solitary cell, 4 of which I was kept 
ignorant of the charge against me, that I was denied the use 
of pen, ink and paper, and all intercourse with the world, 
deprived of exercise and of air, refused the consolations of 
Friendship or the advantage of legal advice, that I was led 
sick into Court to be interrogated, that having denied in truth 
a knowledge how the Governor got possession of those letters, 
that the Court having allowed the Fiscal's presumption that I 
sent them to be received, as a proof of my guilt, that having 
been frequently interrupted and the line of my argument 
broken by the impertinent observations of the Fiscal and the 
Interpreter and the passionate harangues of one of the Judges, 
a falsehood having been asserted by the Interpreter, that it 
was unusual to interpret the Fiscal's claim instanter, altho' I 
have seen him do the same before, and having also unfairly 
left out part of the Fiscal's, having been curtailed in the means 

Records of the Cape Colony. 413 

of my defence and threatened by the Court, if I use any 
expressions which can have the smallest tendency further to 
insult any of the Public Authorities, I also feel myself im- 
peratively called upon to declare that I shall proceed in my 
defence by such argument in justification as circumstances 
may warrant, binding myself to a strict adherence to the 
truth, and holding myself responsible to prove everything I 
say, and further I do declare that if I am again interrupted, 
I will not proceed in my defence, but consider such proceedings 
as a denial of justice in this Land of Justice, and lay the 
circumstances before the King. 

(Signed) W. Edwards. 

Having taken into consideration the above Statement of 
the prisoner, that he is unwell, spitting bloody through hia too 
close confinement, resolved immediately on the breaking up of 
the Court to cause the necessary inquiry to be made into the 
local circumstances of the prisoner's confinement. While with 
regard to the Prisoner's intention manifested in his so-called 
sketch of a resolution, to enter on making his defence into proofs 
of the several matters contained in the Letters which form 
the grounds of the present prosecution and thereby giving a 
new opportunity again to abuse in violation of the Resolution 
of the Court communicated to him on the 7th instant, resolved 
to dispose in this regard in such manner as may be found 
necessary to prevent the same. 

2nd. The Secretary likewise communicates to the Court that 
not having received the translated copy of the claim made by 
D. Denyssen Esqre., His Majesty's Fiscal, on the 7th Instant, 
he had made an official application to him on the 9th Inst, by 
a letter of the following tenor : 

Cape Town, May 9th 1824. 

Sib, — The arrangement agreed upon last Friday was that 
you should send me a translation of your claim against William 
Edwards as soon as it was finished, in order to be forwarded 
to him, and that the Commissioners should then appoint the 
time for the continuation of the Trial, I therefore take the 
liberty to request you will inform me, how it is in this regard ; 
it is especially necessary that I should know it betimes, that 


414 Records of the Cape Colony. 

the Trial of the prisoner and that of the Defendant in ]>er8on 
Bishop Burnet may not impede one another. I have &c. 

(Signed) D. F. Berbange, Secretary. 

D. Denyssen Esqre., H.M. Fiscal* 

That he had the same day received an answer thereto from 
the Fiscal enclosing him the minute of the translation of the 
claim which he conceived he was bound to return him imme- 
diately in consequence of the Fiscal's own remfiurk that it was 
very erroneous and therefore unfit to be copied. 

Said Letter from H.M. Fiscal with the Secretary's reply 
thereto, being of the following tenor : 

Cape Town, 9th May 1824. 

Sir, — Through the pressure of my business I have been 
prevented of resuming the enclosed minute of the translation 
of my claim, which I regret, because that it appears to me to 
be partly very erroneous, in case it could be copied and brought 
to me this evening by the Clerk who does so in order to its 
being examined with me I could perhaps return it to you 
corrected so that it may be delivered to-morrow morning early 
to the prisoner. I must now begin with Mr. Greig. 

I have &c. 

(Signed) D. Denyssen. 
D. F. Berrang^, Esqre. 

Cape Town, 9th May 1824. 

Sir, — I have this moment received the rough translation of 
your claim contra William Edwards. I see no chance of now 
. being able to procure clerks to copy it against this evening, 
but besides what purpose should it answer when you write to 
me that it appears to you to be very erroneous, it therefore 
requires an attentive correction before it be copied, for which 
purpose I return it to you. I have &c. 

(Signed) D. F. Berrangb, Secretary. 

D. Denyssen, Esqre., H.M. Fiscal. 

Records of the Cape Colony, 415 

Of which communication this record has been held. 
Done at the Cape of Good Hope die et anno ut supra. 
In my presence. 
(Signed) D. P. Bbbrange, Secretary. 

Tuesday the 11th May 1824. 

The president Mr. Bresler exhibits an Act of Enquiry held 
yesterday respecting the local circumstances of the confine- 
ment of the prisoner William Edwards, being of the following 
tenor : 

On this day the 10th May 1824 Messrs. F. R. Bresler and 
P. B. Borcherds, Commissioners of the Worshipful the Court 
of Justice, at the requisition of His Majesty's Fiscal having 
proceeded to the Town prison accompanied by W. van Ryne- 
veld Esqre., Deputy Fiscal, and assisted by Doctor Liesching 
and me the Head Clerk in order to inquire into the Circum- 
stances of the Complaint made by the prisoner, William 
Edwards of spitting blood through too close confinement in 
a letter to D. F. Berrange Esqr., Secretary to the Worshipful 
the Court of Justice, and likewise to examine the apartment 
in which the prisoner is confined, the Commission foimd the 
prisoner sitting in one of the upper rooms of the new prison, 
the door open which comes out upon a Balcony in the open air, 
and which apartment Dr. Liesching declared to be a very 
good one. The Prisoner having been made acquainted with 
the reason of the coming of the Commission, stated as follows : 

That when he was first committed and in solitary confinement 
he was placed in another room, where he was deprived of free 
air, pen and ink, that this added to the agitation of his mind 
at the time, occasioned an indisposition which on the day of 
his trial caused him to spit a considerable quantity of blood 
in the Fiscal's Waiting Room, which was also the case in the 
room where he now sat in last Saturday, when he wrote to 
Mr. Berrang6, that it was not however as a complaint but only 
in excuse for the badness of his writing, for that as his being 
placed in solitary confinement was according to the Laws of 
the Colony, he had no reason whatever to complain of his 
treatment in the prison. 


416 Records of the Cape Colony, 

The prisoner having therefore requested of the Comniission 
the translation of the Fiscal's claim which had been promised 
him, the undersigned took upon him to speak to the Secretary 
on the subject. 

Done at the Cape of Good Hope, Day and year as above. 

(Signed) J. T. Jurgbns, Head Clerk. 

The Secretary hereupon exhibits a certificate from the 
Messenger as a Voucher that the Translation of the Fiscal's 
claim which he had received only a little before three o'clock 
yesterday afternoon from one of the Clerks in the Office, had 
been immediately delivered to the prisoner in order not to lose 
time, although it was not signed as a true translation, having 
been made by diflEerent Translators, not authenticated, said 
Certificate being of the following tenor : 

■ I the undersigned Messenger of the Court of Justice at the 
Cape of Good Hope do hereby certify that on this day the 
10th May 1824, I at the requisition of D. F. Berrang6 Esqre., 
Secretary to the Worshipful the Court of Justice, repaired to 
the Town Prison and there delivered to William Edwards 
Prisoner a Translation of the Claim of His Majesty's Fiscal 
contra said Edwards, and conformably to the order I had like- 
wise received on delivery of the same, I judiciaDy informed 
him that at eleven o'clock to-morrow forenoon his trial should 
be continued in case he should be prepared with his defence 
against that time. 

To which I received the following answer, which the prisoner 
signed : 

I will be prepared at the hour fixed by the Court and named 
to me by the worthy Secretary, to whom I beg my thanks 
may be offered for his kind consideration. 

(Signed) W. Edwards. 

Town Prison, Cape of Good Hope, day and year as above. 

(Signed) C. E. Ziervogel, First Messenger. 

From which Certificate it further appearing that the prisoner 
has declared to be ready with his defence, and for which this 

Becords of the Cape Colony. 417 

present session of the Court was fixed, resolved conformably 
to the Resolution of yesterday most seriously to warn the 
prisoner anew, previous to admitting him to make his defence, 
carefully to refrain from all oflEensive expressions whatever, 
and not to reduce the Court to the disagreeable necessity of 
carrying into effect the Resolution of the 7th inst., for which 
purpose the following further resolution is passed in order 
after it shall be pronounced in Dutch to be communicated by 
the English Assistant Secretary to the Prisoner : 

" As the prisoner in a paper which he terms a Sketch of a 
Resolution transmitted by him in a Letter of the 8th Instant 
to the Secretary and communicated by the Secretary to the 
Court, has signified his intention in making his defence to enter 
into proofs ef the several matters contained in the Letters 
which form the grounds of the present proceedings, the 
Prisoner is reminded of the Resolution of this Court by which 
the hearing of any Witnesses whatever whether to prove the 
truth or falsity of the different points appearing in those 
Letters has been declined, and as it is sufficiently evident from 
that Resolution that the Court neither desire nor ever will 
admit any Evidence either pro or contra respecting the subject 
of the prosecution, the entering therefore into the contents of 
the letters in question, to which at all events the mere statement 
and recapitulation of the prisoner himself cannot add any proof 
would be a mode of defence which can have no other possible 
tendency than to insult, annoy, and thereby act directly contrary 
to the Resolution already passed by the Court in this regard, 
through which the Prisoner would expose himself to the appli- 
cation of the penalty in that case made and provided. The 
Court are far from wishing to throw any obstacle in the way of 
the prisoner's defence, and should the prisoner bona fide 
conceive that the proving of the truth and existence of the 
assertions contained in the said Letters is necessary to refute 
the whole charge of Libel or to extenuate the aggravating 
circumstances, the Court are perfectly willing that he should 
assume this position and endeavour to demonstrate its justness 
with decency and propriety, which the Court feel themselves 
obhged to declare they consider to be the only defence 
and consequently the only justifiable one." 



418 Records of the Cape Colony. 

The doors being opened and H.M. Fiscal and the Prisoner 
admitted into Court, the above resolution is previously read 
publicly in Dutch by the Secretary and thereupon publicly 
communicated to the prisoner in English, on which the prisoner 
requests that he may be allowed to keep the said Resolution 
by him, to serve as a continual warning to him in making his 
defence, which being granted and the Resolution delivered 
accordingly to the prisoner, he proceeded in his defence and 
says to the following effect : 

If I have formerly been too warm and have expressed 
myself with too much passion it is not to be wondered at, as 
I have suffered so much in my health by my confinement that 
with the strongest mind I am scarcely able to defend my cause 
properly. I have been interrupted by the Fiscal probably 
because the picture I drew corresponded so well with the 
original, without the CJourt having reproved or even spoken 
to the Fiscal for so doing, it is Uttle or nothing to the purpose 
whether I acknowledge the contents of the two letters, but I 
am far from denying them. I cannot feel a little the expression 
of the Fiscal that I should have aimed at nothing less than 
rebellion, and that I was a Rebel, when I flatter myself that 
I am a faithful and loyal subject of my legal Sovereign His 
Majesty the King of England, under these circumstances it is 
difficult for me to controul myself and not give way to the most 
agitating sensations, and therefore when I am interrupted in 
my defence I shall stop and submit my case. 

I cannot refrain from one remark on the translation of the 
Fiscal's claim delivered to me by the messenger, viz., that it 
is not signed by any Translator or any other person as a proof 
of its authenticity, and besides it is very incorrect and even 
contains many grammatical errors. 

The prisoner is informed by the English Assistant in the 
name of the Secretary that the reason of the translation not 
being signed is because for the sake of despatch it was made 
by different translators on the orders of the Fiscal who was not 
at hand at the time the Translation was sent to the Secretary's 
office, and that it was not the wish to keep the translation any 
longer from the Prisoner. But that should he desire it, he 
may still have a Copy duly signed. The prisoner proceeding 
in his defence further says : After I and Cooke were tried for 

Records of the Cape Colony. 419 

a Libel respecting the prize Negroes, I casually saw in the 

South African Commercial Advertiser that an error had been 

committed in the translation of the Act of accusation so that I 

have been tried on an erroneous act. Such errors may deserve 

some excuse in a common clerk, but that men placed in 

important functions should endeavour to get off by such like 

excuses is really inconceivable, and such conduct is with 

respect to myself unfair ; neither have I found in that 

translation of the claim the allegation made by the Fiscal, 

namely that a Libel according to the Dutch Law is punished 

for the first time with a fine of Rds. 160, and the second time 

with imprisonment. In the meantime the translation was 

made by sworn Translators. 

It is of little consequence to me whether it be correct or in- 
correct, but it ought to be correct, as it is to be laid before 
Parliament. I shall now proceed to my defence against the 
claim itself. I shall therefore not in the ordinary way begin 
from the commencement, but inverso ordine, to which I feel 
myself compelled by the Resolution just communicated to me, 
by which the bounds of my defence are prescribed. I shall 
divide my defence into four parts, namely : 

1st. On the Laws quoted by the Fiscal. 
2nd. On the incompetency of this Court. 
3rd. My justification with respect to the two Letters, my 
civil prosecution and on this civil prosecution itself. 

4th. On the non-existence of any legal proof in this case. 

^ Whatever the Fiscal may say of my having made use of 
slander, I say such insinuations are not called slander, but I 
trust the Fiscal will not be so bad as to swear to the half of 
what he has said. I have too good an opinion of him to suppose 
he would do so. 

The prisoner is hereupon reminded by the President of the 
Court's resolution and warned to go on with decency and 
propriety without making any personal or ironical remarks. 

The prisoner continues : I am perfectly willing to be 
reminded of that restriction whenever I may transgress it, 
but I leave my expressions to the opinion of aiy person . I 
shall proceed in defence with all respect 
can stop me when they please. 

420 Records of the Cxtpe Colony. 

The Fiscal has made quotations from the Roman, EngUsh 
and Dutch Law, and springs so from one to the other that I 
really do not know where to meet him. The Fiscal wants to 
bring the Roman Law home to Violation of Majesty and to 
declare me guilty of this crime without proving the existence 
of any Majesty or Sovereignty at the time the Law quoted by 
him was made, and also in order to apply to me the Dutch 
Law he has quoted. The Fiscal speaks of a Sovereignty 
residing in the people. I respect the authority of the people, 
but I know of no other high authority than that which resides 
in my King whom only I honor with all my heart. What 
regards the English Laws the quotation from Blackstone is 
not here to the purpose, because this Author called the writing 
of a Letter a libel only when it tends to a breach of the public 
peace, but that is not the same as writing a Letter to Liord 
Charles Somerset. 

A Governor who throws his Character away (the prisoner 
was here again seriously warned) — I am surprised that the 
Fiscal has not deduced from the Dutch Law that I ought to 
be hanged, for certainly the Fiscal would not be a little rejoiced 
if such an event did take place. It is worthy to remark that 
the Fiscal who has drawn his arguments from the English Law 
has not quoted the work of Simon van Leeuwen's commentaries 
on the Roman Dutch Law, which has been translated into 
English by authority of the British Government under the 
direction of an able Lawyer, which Author in page 481 § 2 
says that a Libel for the first time is only punished with a fine 
and for the second time with double the amount, but it is quite 
indiflEerent to me, for the more severely I am punished the better 
it will answer my purpose. 

The Idea is terrible, that I should be sent to a place which 
is only adapted for bad subjects who as it were have been 
turned out of Society, and this for Seven Years. I recollect 
when I first arrived here of a man, who with his accompUces 
had taken away a ship from Robben Island, having been 
condemned to Death, and was pardoned on condition of his 
being transported for life at the expense of Government. My 
act at all events is very far from being similar to that. I am 
a professional man. Notary Public in this Colony. I can 
produce the best vouchers of my character when I came here. 

Records of the Cape Colony, 421 

and how can the Fiscal make such a claim when my act even 
according to the Dutch Law is only a private Calumny ? It 
is nothing to the purpose to say that it tends to the disrespect 
and injury of the Governor's character. It is true the Letters 
are said to contain Slander, but even supposing it to be so, 
one should make some allowance for my feehngs, which were 
exasperated by Uberties taken with my name at the Governor's 
Table. I was stamped with the hateful appellation of a 
Radical. I was likewise prosecuted in the case of Cooke by 
order of the Governor, which I afterwards had an opportunity 
of seeing, although the Governor denied it by Letter. One 
cannot have a good opinion of those Laws which place not only 
a private individual but a person of high rank beyond their 
reach. This is the case with the Fiscal who in the year 1817 
was placed both beyond the jurisdiction of this Court and above 
the Law. 

The Fiscal hereupon requests that the prisoner may be 
ordered to confine himself to his defence, without alluding to 
or quoting of things which have nothing to do with his case as 
the Resolution of the Court specially forbids him to make use 
of any personaUties. 

The prisoner was again warned not to expose himself to the 
effects of the existing Resolution. The prisoner says further, 
the multipUcity of allegations from the Laws and from all sorts 
of laws involves me in such a stream of confusion that I see no 
chance of being able to extricate myself, I shall now proceed 
to the list of my witnesses. All the witnesses mentioned 
therein I have called to prove the truth of the facts stated in 
the two Letters ; for as far as each of them are acquainted 
with the circumstances. Stone must prove how it fared with 
him in his appeal with Payne, Dr. Barry and Roberts will 
prove how the Governor had scarcely made a Law one day 
before he arbitrarily construed it as he pleased the next. It 
is true I called Doctor Barry on a former occasion Little Barry, 
but the expression escaped me unawares, and was not said 
with any intention to offend, for I know that he is the Medical 
Inspector, and I respect his Talents. The prisoner being 
recommended by the President not to continue in this manner, 
says I mention it only on this occasion by way of Af olo 
With respect to the female Slave of Mr. 

422 Records of the Cape Colony. 

Governor himself well knows for what purpose her evidence is 

On this expression the Court having been cleared at the 
request of Mr. Borcherds deliberated on the impropriety of 
allowing the prisoner further to express himself in the manner 
he still continues to do in defiance of the (Court's Resolution, 
and resolved on the very first deviation therefrom by the 
prisoner to carry the same into effect. 

The Doors having been reopened and the parties and the 
public readmitted, the prisoner is informed that he may 
proceed with his defence provided he does so in a proper 
manner, to which the prisoner makes no reply, still continuing 
in bis seat, but being again told by the English Assistant 
Secretary that he is at liberty to continue with his Defence, 
he says in an indecent tone and manner, I have already said 
in my Sketch of a Resolution in answer to that of the Court 
which I sent to the Secretary " That I also feel myself impera- 
tively called upon to declare that I shall proceed in my defence 
by such argument in justification as circumstances may 
warrant, that I further declare if I am again interrupted, I 
will not proceed in my defence but consider such proceedings 
as a denial of Justice in this Land of Justice, and lay the 
circumstances before the King." Now as my lips shall not 
utter a falsehood I do not choose to proceed before I am 
informed and that I know whether I have just now been 
interrupted in consequence of the arguments I have used or 
for some other reason. I have already been repeatedly 
interrupted, but I have passed it over out of respect to the 
Members of this Court individually, but I will not now proceed 
until I receive an answer, and will bring such treatment to 
the knowledge of my Monarch. 

The prisoner being informed by the English Secretary, that 
the Court do not consider themselves bound to answer his 
question, says that he will not proceed any further, which he 
repeated on being asked by the Secretary if he has anything 
more to say in his defence. 

The Court having been cleared, the following Sentence is 
passed and pronounced on the Court being reopened. 

The Court having read and examined the proceedings held 
in this Case, having heard the Claims of His Majesty's Fiscal 

Becords of the Cape Colony. 423 

together with the prisoner's defence for as far as he chose to 
proceed therein, and taken everything into consideration 
-which deserved attention or could move the CJourt, adminis- 
tering justice in the name and on behalf of His Britannic 
Majesty, declare the two Letters dated the 22nd and 26th 
April last which form the grounds of the present prosecution 
to contain the most gross Slander of His Excellency the 
Governor and also as Judge of the highest Court of this Colony, 
that the said Letters constitute a Libel under the most aggra- 
vated circumstances, that the Prisoner is the Author thereof 
and consequently guilty of this crime, attended with the further 
aggravating circumstances that the Prisoner has not scrupled 
in the course of his Trial and notwithstanding the several 
warnings of the Court to repeat his Slander publicly and in 
the most insolent manner, declares the prisoner to be dismissed 
from his situation as Notary Public in this Colony and incapable 
of ever serving His Majesty in any honorable capacity, and 
condemns the prisoner to be transported to New South Wales 
or some other Island beyond the seas in the possession of His 
Britannic Majesty for the term of Seven years to be computed 
from the day of his embarkation, and to be confined at Bobben 
Island or some other secure place till an opportunity offers for 
his Transportation, with further condemnation of the Prisoner 
in the costs and expences of this Prosecution. 

Thus done and decreed by Commissioners of the Court of 
Justice, Day and Year as above, and pronounced the same 

(Signed) F. R. Brbsler, 


In my presence. 
(Signed) D. F. Bebbange, Secretary. 

Immediately after the above sentence was pronounced, the 
Prisoner declared to Lodge an Appeal to the Full Court. 

Quod Attestor. 

(Signed) D. F. Bebbange. 

424 Records of the Cape Colony. 

Proceedings in Appeal before the Pull C!ourt of Justice. 

Records held before His Honor the Chief Justice, Sir J. A. 
Truter, Klnight, and the Members of the Worshipful the Court 
of Justice of the Cape of Good Hope, in the case of C. Brand 
Esqre., appointed by Resolution of this Court dated the 13th 
Inst, as advocate in forma pauperis for William Edwards, 
Prisoner, Appellant from a sentence of the Court of Commis- 
sioners dated the 11th inst. on a charge of libel, •contra 
D. Denyssen Esqre., H.M. Fiscal, Respondent. 

Thursday the 20th May 1824. 

All the Members present. 

Advocate C. T. Brand for the Appellant to request a term 
to the next Court day. 

Advocate Brand exhibits an extract Resolution of this Court, 
dated the 13th Instant, being of the following tenor : 

Extract Resolution passed by His Honor the Chief Justice 
Sir J. A. Truter, Knight, and the Members of the Worshipful 
the Court of Justice of this Government, on Thursday the 
13 May 1824. 

The Secretary exhibits a Letter from the Prisoner William 
Edwards dated the 11th Inst, requesting of him the Secretary 
to note an appeal against the sentence of the Court of Commis- 
sioners of that date ; and that the assistance of Mr. Advocate 
Brand may be granted him in forma pauperis, said Letter 
being of the following tenor : 

P. I. 

Which request is granted ; and Advocate Brand is hereby 
allowed accordingly to prosecute the appeal of the said William 
Edwards in forma pauperis before the full Court. 

An Extract hereof without resumption to be granted to Mr. 
Advocate Brand for his information and guidance. 

A true extract. 

(Signed) D. P. Bebbangb, Secretary. 

And says that his request for time is in consequence of his 
having received information from the Secretary's Office of this 

Records of the Cape Colony, 425 

Court that the Records of the Trial cannot be copied time 
enough, but that at all events the shortness of the time has 
prevented him of being so prepared as a case of such importance 

The Fiscal submits the request to the C!ourt. 
The Chief Justice having hereupon suggested to the 
Advocate whether he could not prepare himself in a short 
time to prosecute the Appeal in order that this case may be 
decid^ with all possible speed, he engages to be ready to- 
morrow week the 28th Instant, on which the Chief Justice 
communicates to Mr. Advocate Brand the Resolution of the 
Court passed this morning respecting his request to have a 
Copy of the Records of the Proceedings. 

The Court grants a term to the 28th Instant at 11 o'clock 
in the forenoon. 

Thus done and decreed day and year as above. ^ 

In my presence. 

(Signed) D, F. Bkbrangb, Secretary. 

Records held before His Honor the Chief Justice Sir J. A. 
Truter, Knight, and the Members of the Worshipful the 
Court of Justice at the Cape of Good Hope in the case of 
C. T. Brand, Esqre., appointed by Resolution of this Court 
dated the 13th Instant as Advocate in forma pauperis 
for William Edwards, Prisoner, Appellant from a Sentence 
of the Court of Commissioners dated the 11th before on a 
charge of Libel, contra D. Denyssen, Esqre^, His Majesty's 
Fiscal, Respondent. 

Friday the 28th May 1824. 

All the Members present. 

Advocate Brand fur the Prisoner William Edwards in order 
as the Appellant has obtained a subsequent proof IrO shew that 
he is not the author of the two libellous writings mentioned in 
the principal suit previously to make request for such relief 
and admission during the present sitting of the Court to hear 
and take the evidence of Robert Haynes and others thereupon 
in appeal from the Sentence of the Court of Commissioners 

426 Becords of the Cape Colony. 

dated the 11th Instant, to claim and conclude that the 
Appellant may be declared to be aggrieved by the said Sentence, 
and that the claim and conclusion of B.O. Prosecutor and 
Respondent against the Prisoner and Appellant may be 
rejected cum expensis. 

Advocate Brand exhibiting an Extract from the Becords 
of the 20th Instant says, that after the Summons of His 
Majesty's Fiscal to hear claim in appeal had been expedited on 
the 25th Instant, he the Advocate had received on thg 26th 
Instant a letter from the Prisoner of the following tenor : 

Cape Town, 26th May 1824. 

My dear Sir, — A person having informed me that he has 
signed my name to the Memorial in the CSommercial Hall in 
imitation of my writing, and I am convinced he also wrote 
those letters from the intimacy subsisting between us which 
enabled him to know my affairs as well, as because I have seen 
him imitate my writing, so that I could not tell which was the 
original written by me. I shall be much obliged if you will 
see if the Petition to the King has a signature like mine, and 
act on it as you think right. I have &c. 

(Signed) W. Edwards. 
C. T. Brand, Esqre. 

That as it was not till after the Sentence had been pronounced 
that the prisoner was informed that one Robert Haynes could 
give evidence in his behalf, he the prisoner consequently could 
not have given in his name sooner, that he the Advocate has 
only two or three questions to ask this Witness, which he is 
wUling to submit to the Court previously to their being 
answered, and therefore requests relief as in the presentation. 

The Fiscal says that before answering to the request for 
relief, or being able to do so, he expects that the Advocate 
for the Prisoner will inform him of the grounds of his request 
for Relief in order to enable him to admit or oppose it. 

The Advocate for the prisoner says that he has already 
stated the grounds of his request, and that he submits it to 
the judgment of the Court, from which and not from the 
Fiscal he expects the admission, and persists in his request. 

The Fiscal says that all what has been advanced by the 

Bedords of the Cape Colony, 427 

Prisoner's Advocate is nothing to the purpose, that it does 
not appear that the requested evidence of Robert Haynes has 
any relation to the Prisoner's letters, that it ought to appear 
for what purpose this evidence is required, and that without 
this does appear, he is obliged to conclude for the rejection of 
the request. 

The Court rejects the request for relief. 

The Advocate for the Prisoner hereupon proceeding to his 
claim^in appeal, says : 

Worshipful Gentlemen, — Et si verum jndicia ne turpe sity 
dicere incipientem timere numque deceat, tamen ne non timere 
quidem fine aliquo timere possum. With these words Cicero 
opened the defence of his friend Milo, and addressed the Roman 
Judges at the beginning of the Trial when he saw the Forum 
surrounded with glittering Arms. And the sentiments I feel 
on this occasion compel me to open the defence of the Prisoner 
in appeal with the same words. It is but a few weeks ago 
that I was charged by this Worshipful Court to plead the same 
Prisoner's cause in Appeal from a sentence for imprisonment. 
Willingly and cheerfully I accepted that order, and when I 
took upon me to discharge it, I declared the anxiety I felt, 
then Your Worships I spoke the truth, for I felt but too well 
the relation in which I as an Advocate stand with this Wor- 
shipful Court. 

But now a new scene is opened to me, for the second time I 
am appointed to defend the prisoner in Appeal in forma 
pauperis, and I feel more than ever the importance, the 
delicacy of my situation. For against whom have I to defend 
him, is it not against his accuser, against our Governor ? Is 
he not accused of having insulted and defamed His Excellency, 
His Ministers, and His high Functionaries ? Is he not charged 
with having dishonored Justice, the great bond of all Society ? 
And the defence of all this devolves upon me, and rests upon 
my poor weak shoulders. Place yourselves. Your Worships, 
in my situation, and then ask if I have quoted the words of 
Cicero without reason, and whether I may not justly say with 
him " ne non timere quidem fine aliquo timere possum." 

I am aware that an advocate standing before the Bar must 
not fear. I am aware that the functiQii of an Advocate is too 

428 Records of the Cape Colony, 

noble that he should feel so base a passion at the Bar, but Your 
Worships we are men, and we have connections. Besides the 
crime, the circumstances, the Persons concerned, the Ck>loiiy, 
the times, and the political situation in which it is placed, are 
all causes which must contribute to fill my mind with anxiety, 
and which demand from me prudence and discretion. 

Far be it from me however that these considerations should 
check me in my endeavours to defend the Prisoner's cause 
with all the strength and abiUty in my power. Far be it* from 
me that I should therefore fear to convince the Court of the 
Prisoner's innocence. Yes, very far is it from me that I should 
hesitate a moment sincerely to declare that the Prisoner is 
innocent of the Crime mentioned in the Sentence. Do not 
imagine Your Worships that I maintain this inconsiderately 
or rashly. Do not believe that I assert this to place the 
Prisoner and AppeUant in a more favorable light. No, the 
diflEerent conferences which I have had with him since I have 
been charged with his defence have put me in possession of 
circumstances that have convinced me, and I consider as certain 
that Your Worships will likewise alter your sentiments, and 
that the innocence of the Prisoner will triumph when you are 
made acquainted with the same circumstances. 

What must not the feelings of the Prisoner have been on the 
evening of the 28th April last, when he was suddenly appre- 
hended ? Conscious that he had not committed any crime, * 
he was as if struck with a thunderbolt when the Constables 
took him into custody. He however obeyed the Decree of the 
Court, he willingly proceeded to the Rrison, where he had 
nothing else to comfort him in his solitary confinement than 
the consciousness of his innocence. But what the Prisoner felt 
on the 1st of May last when he was informed in this Hall in 
presence of the Sitting Commissioners of the crime with which 
he was charged no person except the Prisoner who was 
acquainted with the circumstances can possibly suppose, 
when he heard two letters read and signed with his name, 
which he was certain he had never either composed or written ; 
false and forged therefore they must be ; this immediately 
occurred to him, and his suspicion fell at once on a person 
who daily visited him, who had access to all his Papers, who 
was fully capable, and able perfectly to imitate both his Avritings 

Records of the Cape Colony, 429 

and his signature. But what to do or how to prove this in 
defence of his innocence, or how to bring the guilty author of 
the two libellous letters to justice, all this was for him difficult, 
and even dangerous. It was here that he could justly have 
said with Cicero, " Ego vero quern fugiam habeo quern sequor 
non habeo," but his presence of mind persevered, and he now 
with confidence looks forward to his final acquittal on the most 
complete proofs of his innocence. 

After the Act of accusation was read to the Prisoner, there 

was but one means of defence left him, and this was to make 

the Court acquainted with the name of the person on whom 

his suspicion fell, but Your Worships what a dangerous, what 

a rash measure would not this have been for him. Supposing 

he had done so, imagine that Person before you, he must be 

heard as an Evidence. Is it now to suppose that any guilty 

person would voluntarily accuse himself ? Compulsion then 

would be the means, but would any one of Your Worships 

compel a witness to criminate himself ? Certainly not. The 

Prisoner could therefore derive no advantage from caUing the 

real Author as a witness. Let us then place the accused as 

accuser ; well, but how was he to prove the forging or the 

authorship of the Letters ? The Prisoner only suspected him ; 

he was in solitary confinement ; could not speak to any one ; 

could therefore take no measures to prove his suspicions. The 

suspected person would have denied, and what else could have 

been the consequences than that he would have been acquitted, 

and the Prisoner held as guilty and never after be able to find 

the real author or avail himself of his evidence because he was 

aheady acquitted. Your Worships therefore see that the only 

means for the Prisoner and Appellant, whether to call upon the 

suspected Author as a Witness, or to inform against him as 

the Criminal, was equally dangerous and rash, and perhaps in 

its consequences would have been irretrievable. 

The Prisoner therefore was obliged in his defence provision- 
ally to avail himself of an artificial means, and he in consequence 
gave in to the fitting Commissioner a List of the Witnesses 
whom he wished should be examined on his behalf. So long 
as the Prisoner was in solitary confinement, so long he could 
not speak with any person ; so long as he had not secured any 
jH-oofs against the suspected person, so loiM^as he obliged to 

430 Records of the Cape Colony. 

persevere in the provisional defence he had adopted ; hence it 
was that on the 4th May last, the first day of his trial, he sought 
to avail himself of exceptions, which were rejected, and. we 
believe with the R.O. Prosecutor justly, because the fourth of 
his Exceptions was groundless, and the other three were in 
fact not exceptions. In how far however the defence made by 
the Prisoner and Appellant on that day was a proof of his guilt 
we shall hereafter have an opportunity of speaking on. The 
exception then having been rejected, the Court proceeded to 
the examination of the Prisoner, who was called upon to plead 
guilty or not guilty ; not guilty was the natural grounds of 
the Prisoner's defence, and the summum of his answers "was 
to this effect '' that he denied having composed and written 
the two letters, that the Signatures were neither his, nor 
written by him ; that he had never had the two letters in 
his hands, and that they never came into the hands of His 
Excellency with his knowledge or consent." 

Here is a complete denial of everything which constitutes a 
Libel ; and with the examination of the Prisoner, the first day 
of the trial was closed at four o'clock, in order to be continued 
the following day at 10 o'clock in the forenoon. Of the few 
hours which the Prisoner now for the first time had access to 
his friends he availed himself ; and it was with the assistance 
of those who were in his particular confidence that he speedily 
discovered the author of the Libels. His eyes were opened, 
his suspicions were strong, but he remarked at the same time 
that he could not be too cautious. He remarked that the 
suspected person was very far from having any inclination to 
declare himself the author, on the contrary that he craftily 
sought to conceal his guilt and that he was awake. The 
Prisoner therefore advisedly proceeded in the line of defence 
he had provisionally adopted, well aware that the crime 
must be proved before he could be condemned ; but at the 
same time thinking that he should thereby hush to sleep the 
real Criminal ; and that this was a well arranged plan of the 
Prisoner will afterwards fully appear to this Worshipful 

On the 5th day of May the Trial proceeded, and was taken 
up in pleadings between the R.O. Prosecutor and the Prisoner 
respecting the admission of the Prisoner's Witnesses, which 

Records of the Cape Colony. 431 

was decided against the latter. On the 7th the trial was 
further proceeded in and the charge pleaded by the R.O. 
Prosecutor; and at last, on the 11th following, the Prisoner 
was declared to be dismissed from his situation as Notary 
Public, incapable of ever serving His Majesty in any honorable 
employment, and condemned to be transported to New South 
Wales for seven years. That the Prisoner considered himself 
aggrieved by that Sentence and therefore lodged an Appeal to 
this Worshipful Court was most natural, for it is a hard Law 
which condemns a man without proof ; it is a Law written 
with the blood of a dragon. Fortunately however for the 
Prisoner his endeavours were in some measure crowned with 
success. He saw with satisfaction that he now and then 
received visits from the suspected Person, not out of friendship, 
but for the Settlement of some business of his which the 
Prisoner had in his hands. In the course of these visits the 
Prisoner did everything in his power to bring the suspected 
person to confession, but in vain. He used every endeavour 
to make him do something through which he could afterwards 
prove his guilt, which was likewise fruitless. But at last, a 
few days ago, namely on the 24th Inst., when as if some good 
angel watched over him, the suspected person came to him in 
the Prison. The Prisoner remarked that he came somewhat 
nearer, on which he again set his wits to work to make him 
commit some act or other which would lead to the discovery 
of the truth, and luckily succeeded. " I hear," says the 
Prisoner, " that there is a memorial to the King laying in the 
Commercial Hall for signature, I wish I could find any body 
who would sign my name." The suspected person imme- 
diately signified his willingness, and his answer was, " I will 
do it for you," and the following day towards evening he 
accordingly came again to the Prisoner, saying " that he had 
affixed the Prisoner's name to the Memorial, and that he 
doubted if any person could distinguish it from the prisoner's 
usual signature." This led to a further and much longer 
conversation, during which he related to the Prisoner that he 
had written the two letters in question in the Prisoner's usual 
style and h«yidwriting to His Excellency, and had caused them 
to be delivered in the Prisoner's name ; that he made himself 
master of the subject of the letters thro' the daily 

432 Records of the Cape Colony. 

which he had to the Prisoner ; but that he had never thought 
that it would have been attended with such disagreeable 
consequences. How rejoiced the Prisoner was on this 
acknowledgement every one will easily feel ; and it appeared 
as if the Prisoner would speedily have the proofs he wanted, 
in his possession, for the suspected person promised that he 
would write him a letter the next morning, that was the 26th 
Instant, in which he would make that confession, and the 
Prisoner on his part promised that he would not avail himself 
of it before the other had left the Colony, which the latter said 
he expected would be in a few weeks ; but the Prisoner was 
determined as soon as ever he received it, to place it in the 
hands of His Majesty's Fiscal, and to make the suspected 
person pay for the Prisoner's long confinement. The result 
of this was, that on the morning of the 26th I received a letter 
from the Prisoner dated the 25th, of the following tenor : 

Cape Town, 25th May 1824. 

Sir, — A person having informed me that he has signed my 
name to the Memorial in the Commercial Hall in imitation of 
my writing and as I am convinced he also wrote those letters 
from the intimacy subsisting between us, which enabled him 
to know my affairs, as well as because I have seen him imitate 
my writing so that I could not tell which was the original written 
by me, I shall be much obliged if you will see if the Petition 
to the King has a signature like mine, and act on it as you 
think right. I have &c. 

(Signed) W. Edwards. 

C. Brand Esq. 

It was in consequence of this letter that I immediately 
proceeded to take the evidence of the witness Haynes respecting 
the signature under the above-mentioned Memorial, for I had 
gone to see the signature myself and could perceive no difference 
between it and that of the prisoner himself. Your Worships 
however have been pleased to refuse us the examination of this 
Witness, and it now lays with Your Worships to demand the 
inspection of that Document in order to discover, the truth. 

Several times on the 26th the Prisoner sent to this person, 
sometimes by his servant, then again by one of his friends, to 

Records of the Cape Colony. 433 

ask for the promised letter ; but his answer always was, 
" I will be with him in half an hour," and so it continued till 
that at last towards the evening the Prisoner was unexpectedly 
informed that the suspected person had left the Colony in the 
ship Patience, and this man was (and when I mention his name, 
Your Worships will no longer doubt, for he was a convict and 
had been transported for forgery) Thomas William Parr. So 
far did this man suffer himself to go, that he did not scruple to 
lay the most scandalous Ues to the Prisoner's charge. So far 
did he forget himself as to make the Prisoner the object of a 
criminal prosecution, who is now in danger of losing his honor 
and his liberty and of suffering an ignominious punishment. 
But no. Your Worships, I am wrong ; I mistake in nly suppo- 
sition ; I forget that the Prisoner's cause is to be decided by 
this Worshipful Court, by Judges whose known probity and 
uprightness must give me the greatest confidence, by Judges 
who never yet pronounced an unjust sentence, by Judges 
whose maxim, as we have learnt in several criminal prosecutions, 
is, " better that ten guilty should escape than that one innocent 
person should suffer imjustly." 

Before we proceed any farther, we must make one remark 
on what has been advanced against us, " qui de rebus dubiis 
judiciat varios esse debent armata odio ira atque misericordia.'* 
This lesson can never be repeated too frequently to a Judge. 
It is a safe and a true guide for every Judge in the sHppery road 
of uncertainty and doubt ; it must be so here likewise, so that 
Your Worships may be moved thereby to judge the Prisoner's 
case without respect of persons. Let not the conduct of the 
Prisoner on his trial prejudice you against him. Far be it from 
me to defend that conduct ; we cannot do it, our situation 
forbids us. As a burgher I must honor my Government and 
its ministers, as a man I must pay obedience to the Law of 
Society and morality, and as an Advocate I must venerate 
the administration of Justice. I will not therefore say that 
Your Worships are not to punish the Prisoner separately for 
that Conduct ; no, far be it from me, for it deserves punishment 
as a contempt of Court ; and this we find laid down in Holt on 
Libel, Page 164, " There are different sorts of contempt (he 
says), one kind of contempt is sciandalizing the Court ii 
the second species of contempt is the calumniation of the 


434 Records of the Cape Colony. 

who are concerned in causes before the Court." But this I 
pray and entreat of Your Worships, that the Prisoner's 
behaviour may not be considered as an indisputable proof 
against him. 

I do not allude here to the arguments of proof which may be 
deduced from his justification ; of this I shall treat hereafter. 
But endeavours have been used to prepossess the mind of the 
well thinking Judge by painting the Prisoner in bad colours, 
by reminding the Court of the prosecution carried on against 
him on the complaint of Venables, of his imprisonment for 
contempt of Court, and of the prosecution carried on against 
him and Cooke on a charge of Libel. Against such influential 
means we must guard ; against such endeavours we must make 
resistance ; against such prepossessions we must warn the 
Court ; they may aggravate the crime when the crime is 
proved ah que hoc ; they may afford consideration for a separate 
punishment; but they must not be made the means to assist in 
establishing a new and separate crime. When Your Worships 
feel this, when with this golden and everlasting Rule engraven 
on your hearts, you proceed to judgment in this case, then will 
I continue, then shall I have confidence ; but if not, then were 
it better that I should spare myself the trouble. But where 
do my feelings lead me ? Forgive me Your Worships this 
doubt ; do I then forget that righteous Judges are this day to 
decide. I shall proceed, " qui sententiam laturus est temper 
asentum hoc teneat, ut non prius capitalem in quem piam 
promat severamque sententiam, nam ante sua confessione, aut 
certe omnium, que tormentus aut interrogationibus fuerunt 
dediti in unum conspirant concordante que rei finem convictus 

This Lex, 16 Cod. de poen., is not only taught us by the Roman 
Emperor Constantine, but is too plainly prescribed to us by 
our own Dutch Law, and by that of our present Mother Country, 
that we should deviate therefrom. The Prisoner must therefore 
be found guilty of the crime with which he is charged either on 
confession or on conviction. Confession is wanting, for a more 
complete denial we cannot have than that of the prisoner in his 
plea. The Court must therefore sentence on conviction, a 
slippery Road Your Worships, a Road upon which many a 
Judge has erred and has stumbled. Before we examine 

Records of the Cape Colonp. 435 

'whether the Prisoner be convicted, I must answer on the first 
point of the R.O. Prosecutor's enquiry, that I believe with a 
certain sort of- submission, the present case of the prisoner 
must be tried according to English Law. This has been 
frequently resorted to by this Court, and the Prisoner especially 
has a claim thereto, who as being an EngUsh Burgher, cannot 
be expected to be acquainted with the Roman Dutch Law, as 
in this case his plea, namely ignorance of the Law, is in his favor. 
Vide Van der Linden's Manual 2 Book 1 afd. § 6 page 204. 
We shall nevertheless not omit to confirm each point, as well 
of the Roman and Dutch Laws as of the English. Let us 
then now see in how far the Prisoner has been found guilty of 
this crime of Libel by Conviction, We must first ask what a 
Libel is ? The well known answer Voet gives us, Pand. 47-10-10 
where he says '* Literis injuria fit, si quis libello principi vel 
alteri dato famam, alicujus insectatus fuerit, vel ad alicujus 
contemptum et indebitum at que infamiam ipscriptionem, vel 
historiam, vel libellum, vel cantileum composuerit, ediderit, 
vulgaverit, communicaverit, impresserit dolore malo fecerit 
quo quid corumfierit." He must therefore be convicted of 
having written or composed the Libellous writings, and of 
having published, which latter, namely the publication, is the 
Chief requisite to constitute a Libel. 

For a man who composes a Libellous writing, and lays it in 
his study without any intention to publish it, is not guilty of 
a Libel. 

This we find taught by Russell on Crimes and Misdemeanours, 
Vol. 1, Book 2, Chap. 25 § 9 Page 338. And Holt goes further, 
who will have that the Prosecutor must first prove the publi- 
cation of the Libel. In his Law of Libel, Book 3, Chap, 4, 
page 269, Holt says, the plea of not guilty requires the plaintiff 
or Prosecutor on his part to prove all the material allegations, 
viz. the publication, and all such prefatory inducements as are 
the adjtmcts and qualities of the Offence as stated in the 
Indictment ; (and he says further) in B. 3, Chap. 6, No. 2, 
page 283, " upon the trial the Libel must be produced, and 
before'it is read it must be proved that it was published by tlie 
Defendant, or by others with his privity." The great attention 
that is paid in England to the publication appears from the 
case of Rex versus Payne, vide Gilbert's Loj^^^vidence, Page 

F 2 

436 Records of the Cape Colony. 

126. The Publication therefore it is which constitutes the 
Libel, and it must have had place before any writing can be 
made a Libel, consequently if the Prisoner has not published 
the letters in question he has not been guilty of a Libel and he 
cannot be punished for one. We however perfectly agree with 
the R.O. Prosecutor, that the sending of a libellous letter is 
punishable as a libel, vide Blackstone^s Commentaries, Vol. 4, 
and BurrCs Justice, Vol. 3, page 251, because the Law considers 
the sending as a publication. But Your Worships, the Prisoner 
is declared by the Sentence in question as the Author only of 
the letters, and not the Publisher. It would appear therefore 
that the Prisoner is held for a Libeller only as being the alleged 
author, without it being proved that he was either the publisher 
of the letters, or contributed thereto. It is true that Holt says 
in Book 3, Ch. 6, No. 1, Page 278 "It has been already ob- 
served, that a Libel may be expressed not only by printing or 
writing, but also by signs and pictures. It is laid down in 
Lamb's case, 9 Ca. 59, that every person convicted of a Libel 
must be the Contriver, the Procurer, or the Publisher." But 
then an aiding in the publication is necessary to be proved 
against the Contriver or Procurer. Therefore our Roman 
Legislator says " Dolore malo fuerit quo quid eonem fierit." 
Therefore also he says not " qui composuerit vel ediderit, vel 
vulgaverit," but he says " qui composuerit, ediderit, et vul- 
gaverit," by which et he means written and published in order 
tt) be convicted of a Libel. We now come to the principal 
point. We do not appeal against the Act of Accusation, but 
we appeal against the contents of the Sentence in question. 
There the Prisoner is declared as the Author only, and as such 
he is punished as a Libeller. But be this as it. may, let Us see 
what has been done to endeavour to convict him of this 

1st. It is said " here is a letter written in your usual hand, 
and under your Signature." But did not the Prisoner on his 
examination deny the Signature, yes, even the whole of the 
letter ? And having so denied, must not the Prosecutor prove 
the contrary against him ? Private writings like the letters 
in question must either be acknowledged or proved. This we 
find laid down by one of our ablest Dutch Lawyers, namely 
Fa?^ der Linden, in his Manual, page 271 § 5, where he says : 

Records of the Cape Colony. 437 

" Writings altho' in Burgherly suits of daily occurrence, are 
.however less applicable in cases liable to Corporal punishment. 
Nevertheless sometimes letters from the accused or correspon- 
dence with him by others can be admitted in evidence, provided 
however the signature of the Writer be acknowledged or 

It is true we find in HoWa Law of Libd Lib. 3, Chap. 6. 
Page 279, and likewise in other authors " that where a Libel 
appears under a man's handwriting, and no other author .is 
known, he is taken with the manner." But Your Worships 
is this a proof on the principal point against the Prisoner, 
when he denies the signature and the Writings ? Certainly 
not. Holt here means that such a signature when it is neither 
acknowledged nor denied affords sufficient grounds not to con- 
demn the man, but to grant an information, the same as granting 
a decree against the Prisoner. An information as Holt says 
in Liber 3, Chap. 2, page 263, " whereby the question is oidy 
interlocutory, namely whether there be grounds for putting the 
party upon trial." Hence it is to be seen that such a signature 
by its probability authorises the Court to grant an information 
that is with us to grant a Decree for Summons in person ; but 
this probabiUty ceases and loses its effect, and is no longer any 
proof, when the accused as Van der Linden teaches us, denies 
the Signature on his trial. The Law presumes no forgery, and 
therefore the Court at first sight believes the signature ; but 
when the accused denies it, names the person who wrote it, 
and shews that his signature has been imitated the same as it 
was done under the Memorial in the Commercial Hall, then 
the probability ceases, and the onus falls on the Actor. Thus 
it is in this case, or does one want the Prisoner to prove other- 
wise that it is not his signature per rerum natura nulla est 
negantis probatio. The prisoner cannot prove a negative, but 
the Prosecutor must prove the affirmation against him. " Ei 
manuifit probatio qui dicet non qui negat." As soon therefore 
as the Prisoner denied, the Prosecutor had to prove ; and is 
it not so in Civil Cases ? When in a Civil case a Defendant 
denies his Signature, is he not put into the hands of His Majesty's 
Fiscal ? Must not the Fiscal therefore prove that it is 
signature, and that he has mala fide denied it ; shall one 
in criminal cases, shall one when honor, liberty and f 

438 Records of the Cape Colony, 

are at stake, deny a prisoner this privilege rei negantis ? No 
Your Worships, we do not believe it. Why not have called 
upon the receiver of the Letters in order thereby to find out 
and identify the person who deUvered them ; could not the 
truth have been easily ascertained by having done so ; have 
the letters been identified to be the same that were sent to the 
Governor ? Have the letters been identified by the evidence 
of the Assistant Colonial Secretary to be the same that he sent 
to His Majesty's Fiscal ? But it is said the writing the sig- 
nature is the same as the Prisoner's. Then we are of the same 
opinion as Gilbert in his Law of Evidence No. 1, Page 47, 
" that similitude and comparison of handwriting is no 
evidence," see also the word " Evidence " in Tomlin's Law 

What is now the ultimatum, what is now the conclusion of 
all this ? That the Prisoner has not been proved to be the 
writer of the letters, and if it has not been proved that the 
Prisoner did write these letters, then the slight presumption 
which might have been deduced from such proof entirely 
ceases, namely the publication or the sending of the letters, the 
prisoner neither wrote nor pubUshed the letters, ergo he has not 
been guilty of a Libel, and what is a Libel without writing, with- 
out pubhshing ? But one says it is true the Prisoner is not con- 
victed of writing and publishing the letters^ but he is proved to 
be the author of them. I should much wish to know what we 
are here to understand by the word " Author." Is there not a 
Causa proxima and a Causa remota ? And is the former the 
same in Law as the latter? Certainly not. And thus it is 
with the authorship also. Besides in order to punish the 
prisoner as the Author of a Libel, must not one prove that 
he assisted, that he co-operated to the writing, to the publica- 
tion, to the completion 0(f the Libel ; must he not be proved 
quod dolore malo fecerit quo quid eorem fierit. Supposing 
for a moment that the Prisoner has dictated the two letters 
to the Writer of them ; the prisoner has however denied 
having any knowledge of them. We advance the position 
merely to shew that even were he the author his Authorship 
notwithstanding does not make him a Libeller. Supposing 
therefore he had dictated the contents, even this does not 
constitute him guilty of a Libel. This we find clearly laid 

Records of the Cape Colony. 439 

down by the Lord Chancellor in Bum's Justice Vol. 3, 
Page 251, No. 2. Having premised this, we now ask whence 
will one prove the prisoner's Authorship ; for this, three 
grounds have been advanced by the Fiscal in his claim ; and 
they are the following : 

1st. It is said, it is true, the Prisoner has denied on his 
examination, but both previously and subsequently to his being 
interrogated he confessed during his defence. 

2nd. In the second place one says the Prisoner entered on 
the justification of the letters, and 

3rd. One deduces the authorship of the Prisoner from a 
comparison of the contents of the letters with the palpable 
knowledge which the prisoner had of all the circumstances 
contained therein. Truly Your Worships if men were to be 
judged by such proofs, if the honor, liberty, and lives of our 
fellow creatures were to hang suspended on such a thread as 
this, then were it better that we had no laws. 

1st. With respect to the first argument, the Law teaches us 
that the examination alone of the Prisoner must constitute 
his denial or confession to the Court ; and that when a Prisoner 
afterwards in his defence lets any acknowledgement fall from 
him, it must be voluntarily, it must be wilfully, it must be 
with an intention to acknowledge. It must not be by way of 
argument in a passion through error, or in an unguarded 
moment. No, Your Worships, this would be a hard Law. 
But should it happen that a prisoner imawares allows an 
acknowledgement to escape him, then equity, then humanity, 
without which there is no justice, demands that the prisoner 
should be asked whether such expressions are to be taken as 
an acknowledgement. 

This is done on the formal examination, there the prisoner's 
answers having been given are read over to him and he is asked 
if he persists thereby. Vide Art. 45. of the Crown Trial here, 
there the Prisoner is afforded an opportunity of retracting if 
necessary his acknowledgement, and here one wants to consider 
the prisoner who by way of argument has availed himiself of that 
privilege as having confessed the crime without asking him 
whether the acknowledgement was voluntarily or whether it 
was a formal confession. No, this may not be. The solemn 
answers alone of the prisqner must constitute his confession 


440 Records of (he Cape Colony. 

This is fully confirmed by Voet ad pand. 42, 2, 3, where he says, 
" Requisitur ut oonfessio sit ex Libra voluntate, non per via 
motium nee per fererum quendam precipitatom aut calorum 
iracundia, quid, quid enim, (says the L. 48, p. 8 de Reg. jur.) 
in calore iracundia docitur, non primis actium est quam si 
perseverantla apparuit indeoium anime fuisse." Leyse also 
plainly says in Meditat. ad pand. spec. 473, '' Nam quod in 
consolto forte effiendituir proferentem preter intentunem suam 
legare non debet." But still more to the purpose Herber in 
his prelect, ad Lib. 42, Tit. 2, where we find it taught " Pro 
inde confessiones ad interrogatoriones adversarii fact« pro 
totibus habentur ut efficiant Condemnationes non qua alias 
fortuito sermone proferentur." And besides all this Gilbert's 
Law of Evidence, page 123 : what would be more unreasonable, 
what would be harder than to throw away the honey and retain 
the poison only ? One takes an inconsiderable expression 
made use of merely by way of argument as a confession, and 
one forgets that the prisoner in the same moment in his 
defence repeats and confirms his denial. We will here merely 
refer to the beginning of his defence on the 5th Instant, 
where he commences with confirming his denial. Justly 
therefore Philips says in his Law of Evidence : " The confes- 
sion of a Prisoner is not to be taken in parts, but the whole 
together, that what is given in evidence may be neither 
more nor less than the prisoner intended." Far be it from 
me to suppose for a moment that this Worshipful Court will 
consider the prisoner as having made a confession. 

2nd. But one says you have entered into a justification of 
the letters. Examine yourselves Your Worships, and then 
ask if the justification of the prisoner must be taken as a proof 
of guilt. When I propose anything for the sake of argument, 
is this a proof of my acknowledgement of guilt ? Good God ! 
Your Worships, where do we find this taught ? But no, this 
cannot be your opinion. Before one will receive the justifi- 
cation as a proof of guilt or a confession, one must enquire on 
what occasion and for what reason it was done. We therefore 
now ask, Wlmt luas his grounds for the justification ? Did he do 
so in order on the grounds thereof to argue away his crimin- 
ahty ? No, Your Worships, Veritas convincii non excusat. 
But the ground he went on was this, and we refer in this 

Records of the Cape Colony. 441 

respect to the records held before the Court below: what 
took place before he was interrogated, he retracted on his 
formal examination ; what took place afterwards he completely 
annulled by his direct denial at the same time. But one again 
asks, what was the ground of his justification ? We answer 
see the division of his exceptions, see the division of his defence, 
and we shall find that he in every part of the same denied this 
action to be legal or tenable on the grounds of the absence of 
a Corpus dehcti, through this absence the prisoner will prove 
no crime can exist without a corpus delicti. There must be a 
Corpus dehcti, the act in which the criminaUty lays. The 
action of the prosecutor is founded on the Letters. The Letters 
must therefore constitute the Corpus dehcti, that is they must 
contain in themselves something criminal. When now nothing 
criminal Ues in these letters, then they are no Corpus dehcti, 
then the Corpus dehcti is wanting, and then consequently 
there exists no action. On these grounds therefore it was that 
the prisoner entered on the justification of these Letters. 

We do not ask whether the justification would not do away 
the Criminahty ? We acknowledge that the prisoner is wrong 
in his argument, but is an error in argument to constitute a 
proof of Confession ? In every instance the prisoner spoke 
by way of argument and for argument's sake, and where is 
the upright and well thinking judge who will convert an 
expression used by way of argument into a proof of confession 
or of guilt ? 

3rd. We now come to the third point, which at first view 
strikes the judge and prepossesses him against the prisoner. 
But audi et alteram partem, and Your Worships will imme- 
diately perceive that the prisoner can very easily and very 
naturally solve the argument, and is this the case, then truly 
every one will openly maintain that the natural solution of a 
reahty, given to a bare probability against him, immediately 
makes this probabihty a nonentity. The spirit, the idea and 
the contents of the Letters, the prisoner does not deny to 
agree with his own. But has the Prisoner pubhshed those 
Letters ? No. Has the Prisoner written them ? No. Has 
the Prisoner dictated them to the Writer ? No. How came 
his Ideas then in these Letters ? a very natural question 
Your Worships, and deserving of a natural answer. Read the 

442 Records of the Cape Colony. 

prisoner's defence on the 10th Instant, and we shall find his 
answer there. This seems to have been looked over. One 
seems, as the Prisoner spoke EngUsh and the records T^ere 
held in Dutch not to have properly imderstood the prisoner. 
We find on the records of the 10th Instant that the prisoner is 
said to have made use of the following words : " It is little or 
nothing to the purpose whether I acknowledge the contents 
of the two letters, but I am far from denying them." Forgive 
me Your Worships, but I stand here as the advocate of the 
prisoner, and I should be guilty of a neglect of my duty when 
I passed over the most trifling circumstance which could tend 
to the exculpation of my Ghent. That passage immediately 
struck me on reading it, and the prisoner was no less surprised. 
I still recollect to have heard the prisoner on the last day, 
namely the 10th Instant, when speaking of the two Letters 
at the place alluded to say verbatim : " which " (meaning 
the Letter) " I deny, but God forbid I should deny its contents 
in common conversation." These were the words the prisoner 
used, and no others, and the difference is very great when one 
admits what is on the records. One can deduce a sort of 
imperfect confession therefrom, but when one hears the original 
expressions of the Prisoner it will then be found that he only 
signified thereby that altho' he denied having written the 
Letters he was very far from maintaining that the Gontents 
were untrue or that he would not have expressed himself in 
the same manner in common conversation. This explanation 
must therefore serve as an answer to the question. How did 
you become acquainted with the Gontents if you are not the 
author ? 

We have already told the Gourt how intimate the above- 
mentioned Parr the forger and the writer of these letters was 
with the prisoner, how he daily visited and sometimes spent 
the whole of the day with the prisoner, how he was acquainted 
with all the secrets, feelings and ideas of the prisoner, and how 
he had read all the letters of and to the prisoner. Frequently 
and perhaps too frequently the Prisoner discoursed with Parr 
about his affairs, and when the prisoner once told him that he 
had been called a Rebel and a Radical, and when sometimes 
speaking to Parr in anger and in passion he was in the habit 
of sajdng " If I was allowed to write I would write so and so," 

Records of the Cape Colony. 443 

and then in the same breath he began to tell him how he would 
*vTite. Any person who has had an opportunity of conversing 
w^ith the prisoner must have experienced how he, getting on 
any particular topic even with a single person, speaks as if 
he was writing. But he then little thought he was speaking 
to a man who perhaps was made the means in the hands of 
others to crush him, to ruin him, little did he think that the 
Devil stood behind him, and that Parr would so infamously 
abuse the openness of his heart. 

See there Your Worships the reason why the prisoner knew 
so well how to explain everything. See the reason why the 
prisoner was so well acquainted with each of the Subjects, for 
they were stolen from him. The fruits of a private conversation 
were torn from him in order therefrom to construct a libel in 
his name. What Parr told the person in his private Confession, 
or by whom he was made use of, to rob the prisoner in that 
manner of his secrets, in order by these means afterwards to 
ruin him, this the prisorfer did not communicate to me, other- 
wise I should have considered it my duty towards the promotion 
of the Ends of Justice to have made it known to Your Worships. 
This the prisoner will bring himself before his Judge, and we 
are assured by Your Worships that the noble blood which 
flows in your veins will fill your minds with Scorn when you 
are made acquainted with what has been done and what 
scandalous means have been resorted to, in order to ruin the 
prisoner through the medium of a third person. 

But to return to the Case itself, we ask has the prisoner 
been guilty of a Libel by making use of slanderous words in a 
private conversation ? The Law teaches us not. The using 
of slanderous words and expressions could perhaps afford 
grounds for another action, of this however we even doubt, 
because a private discourse cannot be said to tend to a breach 
of the peace, but we are prosecuted for a Libel, and no Libel 
is committed by words. The very term itself shews this, and 
we find it abundantly proved in Russell on Crimes and Mis- 
demeanours, Vol. 1, Book 2, Chap. 25, Page 239. But then 
again it is said, the style of the letter betrays you, it is your 
usual style. What, shall the style of writing be admitted as a 
proof ? When I proceed so far as to imitate a man's hand- 
writing and signature, shall I not naturally use all 

444 Records of tJte Cape Colony. 

endeavours to imitate his style ? Have we not examples 
enough of this ? Do we not find in the works of Homer and 
Xenophon compositions which from their similarity of style 
were for years considered as their works till that the great 
Rhunkenius and Wyttenbach discovered the forgeries ? Do 
we not know that the Orationes post Beditum were for many 
years classed amongst works of Cicero, and have we not in 
later days discovered that they were well imitated, but not 
the Works of Cicero himself ? Here Your Worships are 
examples that speak plainly, and shall the style then be 
admitted as a proof against a reality in deciding on the honor 
and the liberty of one of our fellow creatures ? No, Your 
Worships, do not think thus. No, this does not agree with 
the humane principle recited by Blackstone in his Commen- 
taries, namely " When a prisoner is put upon his trial, the 
Clerk says, ' God send thee a good deliverance.' " This is a 
humane principle, and it is that of Your Worships. 

And as it has now been abimdantly proved that the prisoner 
is not the Author of the Letters or rather of the Libel, I have 
no hesitation to say that I confidently expect an acquittal. 
It will perhaps* be said that we have not completely proved 
anything, but Your Worships will keep in view that our proofs 
are of the same nature as those of the prosecutor. He has 
neither proved anything, but he deduces conclusions and 
probable presumption irom a gwcwi' confession. 

We are however not yet done with the Sentence, the prisoner 
is thereby declared to be author of the Libel, and branded with 
infamy and condemned to seven years Transportation. What 
Law prescribes this punishment ? The Dutch Law ? No, 
what does Groenwegen say de Leg. abrog. ad L. unie de fam. 
libeled Hodie famoso Libele poena capltalis esse desert. Hie 
in Belgio diversa exstant principium nostrarum Edicta 
Noirssimi a D. D. ordinabus generalibus edita, sunt placita 
quibus prima vice 100 caro lexiorum mulcta demdi duplum 
alique arbitraria poene, huic cupitatis poena siuxogavit. 

This is likewise confirmed by Van Leuwen in his Roman 
Dutch Law, page 479. But we pass over these authors, 
and refer to the last placaat which was enacted on this subject 
by the States General, I mean that of the 7th March 1764, to 
be found in the 8th vol. of the Great Placaat Book, page 570. 


Records of the Gape Colony. 445 

Tt is therein prescribed and enacted that whoever shall in 
future make pasquinades or Libels in which the Government 
or any of the high authorities are defamed shall be punished 
for the first time with a fine of f . 3,000 (not transportation but 
correction) and for the second time with a fine of f . 6,000 and 
banishment (not transportation but banishment) out of the 
Provinces of Holland and West Friesland ; now supposing 
that the prisoner was proved to be the author of the two 
libellous writings -in question, then it would be the first time, 
and therefore the punishment cannot be more severe than a 
fine of f. 3,000 and discretibnary correction. This is too 
positive to admit of a moment's doubt. It is in vain that one 
quotes the placaat of the 18th January 1691, in order to deduce 
therefrom that the Court should have the right in the present 
case to impose a discretionary punishment on the Prisoner, 
because that Placaat was*abolished by the later one of 1754, 
Lex enim posterior abrogat Legem priorem. But supposing 
that the punishment in the present case must be discretionary, 
then this discretionary punishment must be less than the one 
prescribed by the placaat of 1754 of a fine of f. 3,000 and dis- 
cretionary correction. The placaat of 1764 at all events 
prescribes the punishment when the Ubellous writings are 
directed against the high authorities as is the case here, while 
that of 1691 regards pasquinades against private persons, 
and this is plainly laid down by our latest writer on the Roman 
Dutch Law, whose competency and decisive authority nobody 
will dare to reject, I mean Professor Van der Keetel in his 
Thes. Select. Thes. 802, page 273, where he thus expresses 
himself, Pleraque leges Holland val. Severiores (Thus the 
Placaat of 1754 is called a severe law) de LibelHs famosis ute 
novisima, 7 Maart 1754 respicere videntur ad injurias personis 
pubUcis illatas aut iUas quibus discordia civilis in memoriam 
vocantis ad usque hbeUi famosi imprimatur avis ob alias 
causas vulgate non certa sed arbitraria poena est. If the 
Prisoner therefore is to be punished by a positive Law then it 
must be less, that is less severe, than that of 1754. The present 
punishment is illegal in both cases. But is the punishment 
perhaps imposed according to the EngUsh Law ? Here must 
I also answer No, for by English Law the punishment is a fine, 
vide Russell on Crimes and Misdemeanours, page 349. 

446 Records of the Cape Colony. 

See there Your Worships our task completed. I have as 
an advocate done all in my power to acquit myself of my duty. 
I have done. You have heard me with attention and ivith 
indulgence, for this I thank you in the name of justice. But 
now comes the most difficult part of Your Worships' duty. 
The judge must decide Secundum acta et probata. This is 
an easy duty when a confession exists, it is an easy duty when 
there is a decisive conviction. But Your Worships where the 
prisoner denies the crime, where no proofs whatever exist, 
where there is only an opinion, a presumption, where the 
Judge has to suck the poison of confession and guilt from the 
prisoner's defence, then is your duty difficult and dangerous. 
Judges, you are men. Men have erred. You can also err. 
But oh ! Let not your errors,- let not your misapprehensions 
fall on the innocent head of the prisoner, let not the innocent 
suflFer where the guilty should be punished with the sword of 
Justice. Judges, as there are no proofs, do not take the judg- 
ment on your consciences, do not burthen your consciences 
with the condemnation of an only apparently guilty, but 
really and truly innocent person. The late trial of a gang of 
Slaves has shewn us that we have Judges who will not shed 
innocent blood. Then we looked up to this tribunal with 
wonder, then, we, then, the Public, venerated Your Worships 
from the inmost recesses of the heart, then we saw how Your 
Worships hesitated to condemn where there was not sufficient 
proof. Thus we saw Your Worships do with respect to 
Heathens who had perpetrated one of the most shocking 
murders. Here Your Worships have to judge a Christian, here 
you have to judge of a man against whom there are no proofs 
whatsoever, against a man who through the most detestable 
snares of another is seemingly guilty. Then you filled the 
minds of all with wonder, now all look up to you with anxiety 
for the result of this day. Judges, I now speak for myself, 
I speak for my fellow citizens, I speak for my native country, 
yea even I speak for yourselves. Your Worships will this day 
constitute a precedent, you will this day prescribe whether an 
opinion, a presumption, or a full and complete proof is necessary 
for a condemnation. The lot of us all is this day in your hands, 
your own boast as well thinking and righteous judges stands 
this day to be confirmed, the boast of this our native Country 

Records of the Cape Colony, 447 

that we have honest and upright Judges, to rise, to fall. This 
day you will decide what we, what the mother Country, what 
our children have to expect from you, for you Judge of them 
also for the future. Judges, Judges, I look up to you as the 
Defenders of human Righteousness, I look up to you as the 
Messengers, as the Representatives of Divine Justice, and I 
conclude, ut in presentatione. 

The Fiscal hereupon says in Answer ; 

Worshipful Gentlemen ! — ^When this case was before the 
Court of Commissioners on the 11th Instant, I heard the 
prisoner plead two arguments in his defence, the only ones if 
I do not deceive myself which he advanced ; one was the non 
existence of any proof that he is the author of the two Libels 
in question, the other, the improper application of the Dutch 
Law in his case. Conceiving that these would be the principal 
reasons upon which the prisoner would ground his appeal, I 
have given these some consideration, and the result is, that I 
am the more and more convinced that the Sentence of the Court 
below justly and truly declared the prisoner to be guilty of 
the libels with which he stands charged, and that he is the 
author of the two letters whjich constitute the subject of the 
charge. The proof that he is the author of the two Letters 
I have shewn in the first instance to be herein : 

(a) In his style of writing, already very well known to this 
Worshipful Court. 

(b) In the statement of the circumstances which connected 
as they are in both Letters could not have flowed from any 
other channel than from the prisoner. 

(c) In the handwriting, especially of the Letter of the 22nd 
April last, which on being compared with the letter of the 
prisoner will be found to correspond. 

(d) In the signature of his name W. Edtvards imder both 
the Letters, which Signature could not have been placed 
there by any other person excepting him unless with his 
previous knowledge and consent without the person so doing 
having been guilty of a most criminal forgery. 

(e) In the evident and perfect similarity of these Signatures 
with the usual manner in which it is sufficiently weU known 
the prisoner signs his name, and finally 

448 Records of the Cape Colony, 

(f) In the Voluntary Acknowledgement of the prisoner 
himself that he is the Author of the two letters, which cannot 
be washed out by his subsequent denial when examined on 

Against all these united proofs the prisoner has only advanced 
Imo. That his acknowledgement was founded merely on the 
supposition, if he were the author, but that it was by no 
means an unreserved acknowledgement. 

2do. That besides, he had retracted that acknowledgement 
on his examination. 3tio. That the not producing of a single 
witness must necessarily be considered as a defect in fche 

I shall answer these points separately, ad Imo. The 
acknowledgement of the prisoner before the Court below was 
voluntary, unasked, unreserved and positive on pleading his 
exception of incompetency when he spoke of the pretended non 
existence of any Corpus delicti and found good to expatiate 
on period for period first of the one letter and afterwards of 
the other, he took to himself everything that is written therein. 
I need scarcely remind the Commissioners who constituted 
the Court below of the violence in which he launched out 
respecting the hateful appellation of a Radical, that he alleged 
His Excellency had allowed it to be applied to him in His 
Excellency's presence. Of his defence of the first letter of the 
22nd April last which he founded on that supposed provocation, 
which defence was not at all in point, in case he did not 
acknowledge, as he actually did acknowledge, that he was the 
author of that Letter, repeated threats that he would clip the 
wings of the Bird which he describes in his first Letter under 
various appellations ; of his explanation of what he meant by 
the expression of the " insolent and peremptory threat of His 
Excellency's Private Secretary," of his defence of the remark 
that he was lost in a maze in a labyrinth, a defence which 
particularly attracted my attention because he defended that 
point leaving out the words, of injiLstice, incongruity and 
inconsistency y as if these words did not mean anything, and 
how many other remarks did he not make which were grounded 
on his acknowledgement that he was the author of that Letter. 
Respecting the Letter of the 26th April, I need only to remind 
the Commissioners of his acknowledgement that everything 

Records of the Cape Colony. 449 

mentioned therein about the case of R. Stone versus Payne 
and the intention of the former to seek redress from a higher 
Court was true, and in particular of his quotation from the 
Letter of the 4th February last, which he allowed he had 
received from His Excellency the Governor and from which 
he confessed to have taken the words " which you have ever 
considered, &c.," an acknowledgement so qualified, so con- 
firmed, cannot admit of any further doubt. This voluntary 
and unasked for acknowledgement made by the prisoner in 
Court with the palpable intention of perpetuating the malice 
he had already committed in writing by publicly repeating 
and renewing in the face of a numerous audience collected on 
that occasion, the Slander contained in his two letters cannot 
be afterwards annulled by merely retracting what he had 
previously said. This alone is in itself according to the Dutch 
Law, which is supported by the English Law, a suflEicient proof 
of the crime which is so confessed (vide Chitty I 670-573). 
Against this the prisoner alleges, he only acknowledged for 
the sake of argument, and appeals to Gilbert's Law of Evidence. 
The prisoner likewise grossly errs when he maintains that there 
exists no proof except in the depositions or examinations of 

According to both English and Dutch Law proof may be 
derived from mere circumstances or from public or private 
documents. With respect to the EngKsh Law see what Chitty 
says 1-663, and in the Dutch Law Matthews de Criminibus 
ad Lib. 48 d. Tit. 16, Cap. 6. 

The second part of the prisoner's defence is founded on the 
Dutch Law, and if I do not deceive myself he quotes the work 
of Simon van Leeuwen on the Dutch Roman Law, which has 
been translated into EngUsh. I did everything in my power 
in the Court below to preserve simplicity, and without quoting 
many author^ to confine myself in the definition of a written 
Injury or Libel (which words in a general, and in the Dutch 
Law in a very usual sense, are synonymous terms) to the doctrine 
laid down by one of our first Lawyers Hugo de Groot. I conceive 
I have not erred herein, and what regards the punishment of 
the crime I have maintained that it is left to the Arbitrum 
Judicus in consequence of the great difference which exists in 

xvn. 2 a 

450 Records of the Cape Colony. 

the greater or lesser culpability of the one or other libel, 
while I have finally shewn from the Roman Law that the 
dignity of the Person injured demands the special consideration 
of the Court in judging of the Crime. In the work of Van 
Leeuwen quoted by the prisoner, Book 4, Ch. 37, § 2, page 481, 
we find that a Libel is punished for the first time with the 
penalty of one hundred Guilders, this does not agree with my 
position and I shall therefore pause a little on this quotation 
of the prisoner. 

That I may not be unnecessarily tedious, I request Your 
Worships wiU be pleased to recoUect that Van Leeuwen's 
Roman Dutch Law was published in the year 1664. Vide 
his preface. The Cenaura Forensis, subsequently published 
by this Lawyer, contained a better and more explicit demon- 
stration of the Laws enacted during his Life on this subject, 
vide P. 1, L. 5, C. 25, § 9, but in order not to be brought 
into the wrong road by this author, I shall refer to the Laws 
which were published after his death, and in particular to a 
law which was promulgated about thirty years after his Roman 
Dutch Law was published. I allude to the Placaat of the States 
General of the United Netherlands of the 27th January 1691, 
which is to be found in the Great Placaat Book IV, 390, wherein 
the making or printing of any sort of scancUiUms or defamatory 
Libels or printing under whatever Nams or Title such may he 
either with or without the name of the maker or printer, and some 
other transgressions mentioned therein are aU forbidden on 
pain of Corporal punishment, at least public scourging. In this 
Law, enacted thirty years after Simon van Leeuwen's time 
and never abrogated by any later law, not a word is said about 
a fine of one hundred Guilders, the least punishment prescribed 
therein is Public Scourging, 

There is therefore a gradation of punishment gradually 
ascending from this as the least, which certainly cannot other- 
wise than fall very heavily on the prisoner, who must be 
considered guilty of the crime of Libel in the most aggravated 
degree, and consequently totally exclude even the idea of a 
fine of 100 Guilders. 

Still later Dutch Laws refer the Courts to the abovementioned 
and other placaats and to the written Law according to which 

Records of the Cape Colony, 451 

the punishment of the crime of written injury is arbitrary. 
Vide Lex ult. d., De Injuriis. Such, is also the placaat of the 
States of Holland, Zealand, and West Friesland in which it 
is said that the making as well as the publishing of such 
writings against any of the constituted High Authorities shall 
be rigorously punished, according to the written Laws and 
placaat of the Land. Groot Placaat Book VII, 820. All of 
which yields a clear and incontrovertible proof that with 
respect to such written injuries full force and effect was 
allowed to the Roman Law, by the Laws of the Nether- 
lands, wherefore in case of the existence of any of those 
most aggravated Libels without a name which are evidently 
alluded to Lege Un. Cod. de far. Libel, I should feel myself 
compelled to conclude against the makers of them usque ad 

It may perhaps be necessary on this account to say 
something in answer to the arguments which will be drawn 
from the words — Sani si quis Devotionis &c., and this 
we shall find laid down by Boey in his Law Dictionary 
under the word Libel, which is likewise summarily stated 
by Van der Linden in his Manual 11, Book 5, A d 616, 
page 250. 

I therefore conclude for the rejection of the claim and 
conclusion made against me as R.O. Respondent in Appeal 
and that the sentence of Commissioners passed and pronounced 
in this case shall be confirmed by sentence of Your Worshipful 
Court with condemnation of the Prisoner and Appellant in all 
the costs incurred in this case. 

The Court having read and examined the Records held in 
the first instance, having heard the pleadings on both sides in 
appeal, and taken everything into consideration which deserved 
attention or could move the Court, administering Justice in 
the name and on behalf of His Britannic Majesty, declare the 
Appellant William Edwards not aggrieved by the Sentence of 
the Court of Commissioners dated the 11th Instant here in 
question, and therefore confirm the said Sentence with con- 
demnation of the Prisoner and appellant in the costs and 
expenses of the prosecution. 

2 a 2 

452 Records of the Cape Colony, 

This done and decreed in the Court of Justice at the Cape 
of Good Hope, day and year as above. 

(Signed) J. A. Teutee, 


W. Bbntinck, 
J. H. Neethling, 
F. R. Bbesleb, 
J. C. Fleck, 
P. J. Truteb, 


In my presence, 
(Signed) D. F. Bbebangb, Secretary. 

On this day May 29th 1824 the prisoner William Edwards 
requested by letter to lodge an appeal against the above 
sentence. Quod Attestor. 

(Signed) D. F. Bebbange. 

[Office Copy.] 
Letter from Eabl Bathxtbst to Lobd Chables Somebset. 

I Downing Street, London, 30th May 1824. 

My Lobd, — I transmit to you enclosed an Act of the Legis- 
lature, entitled " An Act for the Registering of Vessels," and 
I likewise transmit to you a copy of a communication which 
has been received from the Secretary to the Board of Treasury 
enclosing one from the Secretary to the Commissioners of 
Customs, together with forms of the Bonds to be given under 
the authority of the 19th, 20th and 24th Sections of the said 
Act ; and I have to desire that you will direct the proper 
Officers of Customs to guide themselves by the said forms of 
Bonds in all their proceedings relative to the Registering of 
Vessels within your Government. I have &c, 

(Signed) Bathubst. 

Records of th& Cape Colony, 453 


Letter from Lieutenant Colonel Bird to the Commissioners 

OF Enquiry. 

LiESBEEE Cottage, ^lat May 1824. 

Gentlemen, — I have just received a Letter from Mr. Wilmot 
Horton, by which I am informed that Earl Bathmrst has deemed 
it advisable to transmit to you certain aflSdavits of Mr. William 
Parker containing charges against me in order that you may 
immediately proceed to examine into the charges brought 
against me in those documents, and in reporting the result of 
your investigation, transmit whatever documentary evidence 
I may produce in refutation of those charges. I beg to say 
that nothing can be more satisfactory to me than at length to 
have an opportunity of refuting the many calumnies that 
disappointed Lidividual has spread in my regard. 

I need not remind you Gentlemen of the sad position in 
which I am placed by the heavy calamity which has befallen 
me, by which I am prevented leaving my couch, but for this 
I should deliver the present communication myself that I 
might the better express my anxiety that this business should 
be speedily gone into. I have &c. 

(Signed) C^ Biri>. 


LeUer from the Commissioners of Enquiry to Lieutenant 

Colonel Biri^. 

Cape Town, 31«« May 1824. 

Sir, — ^We have just had the honor to receive your letter of 
this date, in which you inform us that you have received an 
intimation from Mr. Wilmot Horton that certain affidavits of 
Mr. Wm. Parker containing charges against you had been 
transmitted to us for the purpose of their being investigated 
and reported upon. The Instructions of Earl Bathurst 
conveying the papers in question having arrived by the last 



454 Beeards of the Cape Colony. 

Mail, we Intended to have taken the earliest opportunity of 
making a commmiication to you on the subject. 

We regret to find that you still continue to suffer from the 
effects of your late accident, and as you are unable at present 
to attend at our office we propose to furnish you at an early- 
date with such a statement of the charges preferred by Mr. 
Parker as will enable you to prepare the documentary evidence 
that you may wish to produce upon the subjects to which 
they relate. We have &c. 

(Signed) John Thomas Bigge, 



LeUer from Mb. Chablbs D'Escuby to the Commissionebs 

OF Enquiby. 

Inspector op Lands and Woods Oppice, 31 May 1824. 

Gentlemen, — I concluded the letter I had the honor of 
addressing to you on the 29th instant by saying that I intended 
to make the motive ascribed to me for bringing forward my 
pubhc papers the subject of a subsequent Letter ; permit me 
therefore now to address you on that subject. 

It is plainly stated that my motive is a personal one, arising 
from the disappointment I have experienced from the Governor 
not having performed his promise to me. 

Gentlemen, whatever the faculty of some, men may be for 
diviQg into the motives and searching out the private characters 
of Individuals, unless the exercise of that faculty be guided by 
impartiaUty, and tempered by a just and liberal principle, it 
is an unenviable acquirement in the possessor, and when then 
it should further be accompanied by power, it might become 
most dangerous to those on whom it is exercised. 

I do, Gentlemen, most solemnly protest against this impu- 
tation, as unworthy the character of a Gentleman, and doubly 
unworthy the station of a public Servant acting in the discharge 
^of his duty towards the Public, and as such miUtating against 
pubUc good, private worth, and Individual welfare. For 

Eecords of the Cape Colony. 455 

were the charge of such motives admitted on any other but 
the clearest proofs against a man whose pubKc and private 
character stands otherwise unimpeached, to what pernicious 
result would it not lead ? Then such a man having a private 
grievance to complain of could not, in the discharge of his 
duty, bring forward a pubUc question ; he could not even 
prosecute a private action, against the same Individual, 
without the risk of being charged and considered as acting 
through piqTie and revenge ; and were this once admitted, a 
conscious offender would have only to pick a private quarrel 
with the person whose duty it would otheirwise be to expose 
him, in order to get rid at once of his opponent and of the 
question itself; while, in proportion to the ofiPender's power ^ 
interest, or support, the honest man would be stigmatised, 
crushed, and sacrificed, lest under more favourable circum- 
stances he might return to the charge and prove the ofifence. 

Applying this general argument in its mildest sense, and 
only in illustration to the present subject, and allowing what. 
Gentlemen, I beHeve you will allow, that the several subjects 
I have brought to your notice are of that importance that, 
considering the nature and object of your Commission in this 
Colony, it was a duty incumbent on me to bring them forward, 
and then permit me to ask you, will any one say whether, 
situated as I am, having such a duty to perform, with the 
powerful interest which Lord Charles Somerset has to support 
him opposed to me, whether I had any other alternative than 
to take the strongest possible ground, roundly stating facts in 
a manner that admitted of no equivocation, or to pass over 
in perfect silence those circumstances which it was my bounden 
duty, in common honesty to the public, to state ? I must 
repeat again, because I will not have it said that this was a 
voluntary step of mine, unnecessary and uncalled for, and so 
give to it the colouring of the private motive thus unjustly, 
and, pardon me, illiberally, ascribed to me. I must repeat, 
at the call of the Country, and by His Majesty's commands, 
the situation of the Colony, its various Institutions, regulations 
&c. were to be enquired into, and every Individual connected 
with the public Service in it was summoned to hear the object 
of your Mission read ; it invited, consequently commanded 
them to assist in the object proposed ; this therefore marked 

456 Records of the Cape Colony, 

out the line I had to take, in which I have acted from obedience 
only, and what I have stated has nowhere a retrospective view 
for investigating the past, but everywhere the expressed object 
is to prevent the recurrence, and to establish better regulations 
for the future. I allude exclusively to the improper distribution 
of the PubUc Lands and the partiahties, and irregularities, 
that have attended that distribution, in the extent and terms 
of the grants, and in the subsequent alterations that have been 
made in them, as favours to particular Individuals. Had I 
then stated these circumstances only superficially, and sup- 
ported them feebly, whereas these grants &c. are the acts of 
the Grovemor himself, wiU any one say who views them in all 
their bearings, as they would have been felt in another quarter, 
that Lord Charles Somerset would not have seen and acted 
upon the expediency of using every energy to refute, and 
explain away, what I should have so stated ? And what then ? 
My statements would have been overthrown, I should have 
been held up as having brought forward charges (as they would 
then have been called) I could not substantiate. His Lord- 
ship's resentment would have been kindled against me in full 
blaze, his object must have been to crush me, which his interest 
would then have efiPected, and my inevitable ruin must have 
ensued : no after statement, however strong, no subsequent 
illustration, however pertinent, could then have availed, nor 
would they have been listened to, and thus beaten, stigmatised, 
and ruined, I should have been generally condemned ; no 
one would have felt interested in the subject, so as to take up 
my cause, I could not have called upon the Country to support 
me, for by the weakness of my conduct I should have deserted 
its cause in this Public inquiry, and rendered myself unworthy 
of its protection, but on which now I firmly rely. While those 
irregularities &c., which are necessary to be corrected and 
provided against, would probably have been overlooked, and 
thence confirmed, from not having been sufficiently exposed 
in the fiist instance, and subsequently lost in the general 
overthrow of my statements. 

These, then. Gentlemen, were my motives, in the first place, 
for bringing forward my official statements, and in the next 
place for supporting them in the maimer I have done ; how- 
ever those supports are no more than naked facts to be dressed 

Records of the Cajpe Colony. 457 

up to the taste of whomsoever may choose to do so, but with 
the fashion of which I have carefully avoided to interfere. 

It will be necessary for me now to meet another point stated 
against me in this discharge of my pubUc duty, and adduced 
to support the former, {that of having acted from private motives^ 
and gone out of the regular course to do so), namely, that I did 
not await the arrival of the Commissioners here, but sent my 
papers to the Colonial Office in England direct, in order to be 
laid before My Lord Bathurst. 

I cannot but wonder that such an argument should be set 
up in the face of so clear an exposition of my motive for sending 
those papers to England, as is explained, first to Mr. W. Horton 
in my letters of the 3rd and 15th March 1823 (the Copies are 
in your possession), and next in the Memorandum addressed 
to yourselves, dated 25 July 1823, which accompanied the said 
Papers when I had the honor of presenting them to you ; 
Copy of the latter I shall beg leave here to annex, and it will 
doubtless also be in Mr. Bigge's recollection that the first time 
I had the honor of seeing him, which was on the same day 
when the Commission was opened, I took an opportunity of 
suggesting to him the expediency of taking the subject .of the 
Land Tenure into his consideration, at as early a period as 
might he consistent with his other arrangements. 

Now, Gentlemen, this Memorandum I think shows plainly 
that, so far from having used any improper precipitancy in 
forwarding these Papers, I would not even have transmitted 
those that relate to my private case, urgent as it was, had it 
been known here at the time that a Commission had been 
appointed. When this was known subsequent to transmitting 
the former^ I prepared my Public Papers, and these were sent 
only because that the importance of taking the state of the 
Land Tenure into consideration did not admit of the delay 
which the arrangement of your first going to the Isle of France 
and Ceylon would have occasioned. The papers I sent were 
cases that had all been before the Governor, but on which His 
Excellency's decisions appeared to me to rest on principles 
which I considered in themselves erroneous, and injurious in 
their effects, and which as such had been argued inefifectually 
by me with His Excellency. 

But, Grentlemen, the moment of your coming to this Colony 


458 Records of the Cape Colony. 

first was known here, I sent no more papers home, but continued 
to prepare such as were to be laid before you, which in fact I 
have persevered in since your arrival, and have from time to 
time presented them to you, up to the present day. I have 
therefore in the first instance acted upon the reasonable con- 
clusion, that if you came here to examine and enquire into 
the several branches of the administration, it was of course 
necessary that you should be furnished with such subjects as 
required examination, in which I was subsequently confirmed 
by the opening of your Commission, as above alluded to, and 
upon the strength of which I have ever since aJcted, in following 
up the principle I had begun upon, in a manner that will, I 
trust, be ultimately approved by you. But what eflEectually 
must do away, in every unprejudiced mind, the intention on 
my part of connecting those public matters with my private 
case, is that I have brought nothing of a secret or questionable 
nature before you, nothing beyond the line of my office, but 
every subject so submitted to you had first been regularly laid 
by me before the Crovernor, and it is only on the result of His 
Excetlenoy^s decisions, which I think erroneous, that I have 
arrested your aUention ; except in those cases in which my 
office was passed by, and where I think it should have been 
considered. And, moreover, will any one who has seen my 
private case, and the exposition of it in the Letter addressed 
to you, say, that it did not speak sufficiently for itself, without 
requiring the assistance of extraneous matters to illustrate or 
strengthen it ? I think that case can safely rest on its own 
merits, and that nothing requires to be added to the arguments 
or illustrations by which it is supported. 

I have thus endeavoured, Gentlemen, to reply to the two 
charges brought against me, of having unreservedly charged 
His Excellency the Governor with having corruptly made an 
extensive grant of Land &c. ; and secondly to have done so 
from the base motive of revenge, which charges, so totally 
unsupported by anything like argument, much less by facts, 
resting on nothing more than a gratuitous Construction, not 
warranted by the circumstances from which it is derived, 
aflEecting my character, public and private, and threatening 
myself and family with consequences that must involve them 
in ruin, and that while, God knows ! in the purity of my heart. 

Becords of tTie Cape Colony. 459 

discharging what I know to be my duty to the Public, which 
charges in every part of their bearing, I solemnly and un- 
reservedly deny as most unjust, and I beg leave, Gentlemen, 
through you, to appeal to my Lord Bathurst for an acquittal 
of these undeserved and unwarrantable allegations, alike 
affecting my honor and my welfare, in whatsoever manner 
His Lordship's own sense of Justice shall direct. I have &c. 

(Signed) Chs. D'Escury, 

Inspector Govt. Lands and Woods, 


Letter from the C!ommissionbrs of Enqxhry to 
Earl Bathurst. 

Cape Town, 2nd June 1824. 

My Lord, — ^We have had the honor to receive your 
Lordship's Despatches under date the 27th and 28th December 
last, communicating the instructions of your Lordship that we 
should investigate the charges that have been made in the 
affidavits of Mr. WilUam Parker enclosed in your Lordship's 
Despatch, against Colonel Bird the Secretary to this Govern- 
ment, and against the local Government itself. 

Having returned to Cape Town we have considered it our 
first duty to act in obedience to your Lordship's commands 
to investigate the charge preferred against His Excellency 
the Governor by Mr. D'Escury, and having in an interview 
with this Gentleman obtained his distinct and decided dis- 
avowal of any intention to impute a corrupt motive to His 
Excellency in making the grant of land to Mr. Redelinghuis, 
we suggested to Mr. D'Escury as a preliminary step, that he 
should state this declaration in writing for your Lordship's 
early information, but we abstained from holding out to him 
any expectation that his disavowal would supersede the neces- 
sity of prosecuting the inquiry that your Lordship had directed 
into the grounds of the charge which his statement was con- 
sidered to have conveyed, and we had yesterday the honor of 
informing His Excellency the Governor of our intention to 

460 Records of the Cape Colony. 

proceed with the investigation and which we propose to 
commence this day by the examination of Mr. D'Escury. 

In a letter that he has addressed to us he has continued to 
disclaim in strong terms the intention of conveying so gross 
an imputation against the honor of the Grovemor, but he has 
not in the same distinct terms declared the grounds upon 
which he ventured to assert to your Lordship what had been 
the popular belief on the subject, and on which it will now- 
become our duty to interrogate him. 

In the course that we have thus deliberately decided to 
adopt we trust that we shall be honoured with your Lordship's 

We have intimated to Colonel Bird our intention of pro- 
ceeding with the investigation of Mr. Parker's charges against 
him at an early date, and in the meantime of furnishing him 
with such a statement of them as wiU enable him to prepare 
the documentary evidence he may wish to bring forward. 

We take this opportunity of informing your Lordship that 
the Governor having considered the claims of the Emigrant 
British Settlers to demand an early and special investigation 
with a view to their eflEectual adjustment, and being ourselves 
of opinion that any further suspense would be ruinous to many 
who still adhere to their locations, we have considered it to 
be our duty (under the instructions of your Lordship that we 
should communicate unreservedly with His Excellency on the 
statements contained in the Memorial) to furnish him with 
such information as would enable him to direct the attention 
of the ofl&cer deputed to this service to the most important 
and urgent interests of the Settlers. We trust that the 
appointment in question will be the means of affording them 
present relief, and when we have had an opportunity of com- 
municating further with the Governor upon the result of our 
recent inquiries upon the spot, we shall be prepared at once 
to state to your Lordship our opinion of the grounds of the 
complaints they have preferred, and of the hopes of ultimate 
success that they may reasonably indulge. We have &c. 

(Signed) John Thomas Bigge, 

William M. G. Colebbooke. 

Becords of the Cape Colony, 461 


Extracts from " a Statement of some particulars comiected 
with the history of the Press in South Africa," addressed 
by Mr. Thomas Pringle to His Majesty's Commissioners 
of Inquiry on the 2nd June 1824. 

"On the 13th of May a Messenger from the Fiscal called 
upon me, requesting my immediate attendance at his ofl&ce. 
But having fortunately taken notes of what occurred at this 
interview as soon as it was over, I shall insert them verbatim. 

" May 13, 10 o'clock P.M. 

*' His Majesty's Fiscal sent for me to attend at his Office 
about i past 11. I went over immediately. He introduced 
the conversation by referring fo the second number of the 
South African Journal, which lay upon his Table ; and stated 
that he was authorized to warn me in his official capacity 
respecting various remarks, affecting as he conceived, the 
administration and pohcy of the Colonial Government which 
had appeared in that number of the Journal, especially in the 
article upon the Present State and Prospects of the English 

He then turned up our Advertisement of the Journal in the 
Cape Gazette of December 20th 1823, (which he termed our 
Prospectus), and after reading it, stated that His Excellency 
the Governor conceived that the Editors had entirely departed 
from the terms of their Prospectus in various observations 
and statements in the above article, some of which he read to 
me, and allowed me to look at others marked in the margin 
with pencil. (The following are some of the passages objected 
to). Vide Note at the end of this Statement, marked A. 

The Fiscal said that these and many other passages in the 
Journal were very obnoxious to Government, and that he was 
instructed to warn me that unless I solemnly pledged myself 
that nothing of a similar description should hereafter occur, 
that the Work would not be allowed to go on. He added, 
that if these Passages had been noticed while the vx)rk vxis in 
the Press, the Second number should not have been permitted 
to appear in its present shape. 

462 JRecords of the Cape Colony* 

He further stated that he considered several of the quotations 
and remarks in the article on the Work of the " Civil Servant," 
and in Mr. Colebrooke's note on the Settlers, as highly objec- 
tionable, and as having a tendency, when circulated in this 
Ciolony, to render the People dissatisfied, and disaffected to 
the Government. He did not however point out the par- 
ticular passages considered most objectionable in these 

The Fiscal also referred to the following Paragraph in our. 
Review of Mr. Bigge's Report on New South Wales, which he 
conceived to be an " improper allvsion" but on my expressing 
. my astonishment at any objection being made to it, he candidly 
owned that it was not Lord Charles, but himself who had 
marked out this passage : " The Governor of New South 
Wales and Van Diemen's Land is not authorized to impose 
Taxes, or we may be allowed* to suppose, without attributing 
anything to Colonel Macquarie beyond the weakness common to 
(dmost all men in power, that he would have discovered many 
new Sources of Revenue, and long before it became the subject 
of Mr. Bigge's Report, without meaning to do it any harm, 
would have found pretexts enough for crippling the growing 
energies of the Colony." 

Li reply to these, and similar Remarks, I observed that the 
*' Prospectus " of the Journal acknowledged by the Editors 
was the one published by Mr. Fairbaim, and one in the Gape 
Gazette of January 24, 1824, and afterwards prefixed to the 
first number. 

But without entering into any debate on that point, or 
declining to maintain the terms of our Advertisement of 
December 20, I inquired by what authority he called me to 
account on the subject, or demanded a pledge respecting the 
future management of the work. The Fiscal replied that he 
was duly authorized and instructed to interfere, and that I 
was to consider this as an official communication from the 
Government. I asked if he would furnish me with a written 
document to that effect. He said no, it was not the practice 
of his oflBlce. I enquired whether he was instructed to furnish 
any more precise Regulations to limit the exercise of our 
Editorial discretion, in respect either to the subjects to be 
discussed, or the mode of treating them. He said we were 

Records of the Cape Colony, 463 

merely required to adhere strictly to the Terms of our original 
Prospectus. I said that was rather a vague Document to be 
judicially tried by ; but supposing us ever so willingly to be 
regulated by it, who was to be the judge or umpire in case we 
might, in spite of our best endeavours, be supposed by the 
Government to transgress its limits ? He replied " of course 
the Government itself," but added that the exercise of a due 
prudence and discretion would easily enable us to avoid 
offensive or questionable topics. 

I said I was convinced of the contrary, and that my con- 
viction was fully confirmed by the conversation I had now 
had with him. That without entering into further discussion 
of the passages pointed out as obnoxums in our second number, 
I saw very clearly that it would be quite impossible for the 
Colonial Government and the Editors ever to accord respecting 
the interpretation of our own Prospectus, much less respecting 
the right of constant control and interference now assumed by 
the Fiscal. Unless therefore he would take upon him to point 
out to us distinctly the limitations imposed upon the Press 
by the Laws of the Colony, if any such limitations existed, or 
else obtain from His Excellency the Governor a precise state- 
ment of the extent of hberty allowed to us by the instructions 
of the Home Government, I did not see how we could proceed 
further with the publication with either satisfaction or safety. 

The Fiscal replied, that we had not yet here the freedom of 
the Press, nor was the Colony yet fit to enjoy it. That we were 
moreover regulated by the Dutch and not by the English 
Laws, and that the former was far from allowing an unrestricted 
Press. In regard to the Governor, he did not think His 
Excellency would allow us any such Statement as I spoke of. 
His Lordship's Instructions from the Home Government were 
for the regulation of his own conduct, and not for that of 

As that was the case, I said I should like to know the Law 
on the subject. Laws being intended for the regulation both 
of the Governors and governed, and if the Dutch Law was our 
rule, I should wish much to see it, or to know where to find it. 
To this I received no satisfactory reply. 

The Fiscal then requested a decisive answer to his former 
demand, namely, whether I was willing to pledge myself to 

464 Records of the Cape Colony, 

adhere strictly to my original Prospectus and admit nothing 
6bnozi(yu8 to Government, or not. 

I said I would give him my answer in writing. He said he 
would enter into no written correspondence on the subject, 
but had no objection to receive an answer in writing addressed 
to him ofl&cially. He added civilly, that I might consult with 
my friends, and take sufficient time to consider of my answer, 
which he hoped would be an amicable and satisfactory one. 

I observed that whatever were the Law, or whoever was the 
Umpire, if our writings were to be judged not by their general 
tone and tenor, but by insulated phrases, words, and sentences, 
culled out, and misinterpreted in a spirit of jealous and 
vexatious interference, it was quite out of the question for us 
to think of continuing the work, and that our only course was 
to lay it aside until more safe and Kberal times ; and that 
with the immediate example before our eyes of the Pubhsher 
of a contemporary work ruined and sent out of the Colony 
without trial or investigation, I considered it highly dangerous 
for any man of principle or independent feelings to risk the 
pubUcation of anything whatever in South Africa.' 

So closed our conference ; and I willingly take occasion to 
remark that throughout the whole of this interview, Mr. 
Denyssen conducted himself with perfect civility and polite- 
ness, and repeatedly expressed his concern that it fell to his 
lot in the exercise of Ms official duty to interfere with our 

Next day in conjunction with my fellow Editor, I 
transmitted to the Fiscal the following note : 

Cape Town, May 14th 1824. 

Sib, — In consequence of your official communication of 
yesterday respecting the South African Journaly we think it 
inconsistent with our personal safety to continue that publi- 
cation. We remain &c. 

(Signed) Thomas Pringle, 
John Fairbaibn. 

Records of the Cwpe Colony. 465 


Passages considered obnoxious. 

If no Projector had been allowed to interfere. If the 
£50,000 voted by Parliament had been employed, as seems to 
have been the original intention of His Majesty's Ministers, 
merely in defraying the expense of the Emigrants ; If the 
Colonial Grovemment had placed them at once in every respect 
on a footing with the other Inhabitants of the Colony. If 
they had met with the encouragements usually given to 
agriculturists here, the Heads of Parties, and every one who 
possessed means in any shape, to the extent of two or three 
hundred Pounds, or even less, would have obtained grants of 
from Four to Six thousand acres of Land. And if the Sums 
deposited by them as Security for their embarkation and their 
eventual Settlement in the Colony or in that District, had been 
returned to them as stipulated, to employ as they chose them- 
selves, instead of being retained without their consent, to be 
injvdiciously expended on their account by Oovernment. If a 
more efficient system of defence had been constantly maintained 
to secure them from the incessant harassment, and ruinous 
depredations of the CafiFres; and particularly if the Local 
Magistrates had been from the beginning men of poptdar talents 
and experience in civil aflFairs, instead of a succession of Persons 
accustomed only to despotic rvle ; and if their grants had been 
extended gradually as their means increased, many of them 
would have succeeded in spite of Rust, Drought and Deluges, 
as Graziers ; and others as cultivators of green Forage and 
vegetables for the supply of Graham's Town, and the Frontier 
Posts ; provided the Military had been prohibited from com- 
peting with them at all, or on unequal terms. 

But as it was, it was impossible that they could prosper ; and 
it will be found that there is not one exception to the failure 
of those who adhered closely to the means pointed out by 

It must be clear, that without entire change of system, they 
could not be expected to compete on equal terms with the old 
Colonists, who had been reared under the accumulated disad- 
vantages of the System which is established. 

xvii. 2 H 

466 Records of the Cape Colony. 

The Occupiers of Lands at the Cape are all weighed down 
either by Taxes and restrictive Regulations, or the want of 
demand for their produce caused in a great measure by the 

Hottentot labour, is generally speaking, hired at a rate much 
below its real comparative value, a consequence of the very 
injuriovs restrictions which that race have had to contend 
with. This circumstance along with the higher rate of profit 
derived from the breeding of stock, account for the superior 
success of the graziers in spite of a limited Market, the useless 
and oppressive restrictions on the internal Commerce of the 
Colony, and the monopolizing Regulations of the Burgher 

Nor does it appear that he could have had any reasonable 
prospect of competing on equal terms with the other Colonists, 
unless by the abolition of many of the restrictions and burdens 
of the Dutch System, he had been enabled to introduce the 
more favourable one to which he had been accustomed from 
his youth. Had matters fallen into this train, in place of the 
Emigrants being bound like Serfs to their Locations by absurd 
Regulations (whether originating with the Home or the Colonial 
Government is immaterial) it is not saying too much to suppose 
that the industrious Mechanics and Labourers would have 
accumulated considerable sums by this time ; and that many 
of the others would have been in equally favorable circum- 
stances with the Boors. An arbitrary system of Government 
and its natural consequence, abuse of power by local Func- 
tionaries, Monopolies, Restrictions dhc. The vacillating and 
inefficient system pursued in regard to the Caffres. Capital and 
free Government are essential to the success of Colonization. 
The constant exposure of the Settlers to Cafee Incursions, 
was, we conceive, the next cause most ruinous to the Settlement ; 
not so much from the actual damage sustained, as from the 
continual state of alarm and insecurity in which they were 
placed. The Officers and Troops on the Frontier probably 
did their best ; but if the system of defence was fundamentally 
an erroneous and inefficient one, as we conceive it to have been, 
their utmost exertions could not have protected their 
unfortunate Countrymen. 

Records of the Cape Colony. 467 


Letter from Mr. D. P. Francis to the Commissioners of 


Cape Town, 2nd June 1824. 

Gentlemen, — In your letter to me dated Graham's Town 
the 9th of February last, it is stated that after the inquiry you 
have lately made in my case, as set forth in my statement of 
the 28th July last, you find ample reasons for having declined 
to furnish me with any written document to the Colonial Office 
in England, until your investigations should be closed. 

In reference to the statement I had the honor of presenting 
to you of the above date, I beg leave to observe that as the 
Copy of that Statement went home with Mrs. Francis with 
other papers, I have not had the opportunity of referring to 
it, therefore I restrict myself to answer such remarks as Major 
Colebrooke made on the case in the conversation I had the 
honor to have with him on the 13th ulto. 

In respect to the Clanwilliam affair Major Colebrooke 
remarked that I had not been located there myself. 

In answer to this remark I think you will find in my state- 
ment that I did go there with Mr. Parker previous to sending 
the people from Saldanha Bay, and that I sent those people 
belonging to me to that location, to comply with the orders of 
Government, and I trust the result of that location will justify 
me in the line of conduct I adopted on that occasion, as it 
would have taken eight waggons at least for my baggage 
instead of one which answered the purpose, and nothing could 
equal the folly of such an expedition except the absurdity of 
attempting to settle so many families in such a situation. 

Another remark of Major Colebrooke's was that some of the 
settlers in the Zuureveldt had conceived that the Clanwilliam 
people have had a preference by receiving rations gratis. A 
Copy of the Circular (dated in July 1820 I believe. Gentlemen, 
is in your hands) for removing the parties from ClanwiUiam 
and suppljdng them with rations, in consequence of their 
having lost the season for ploughing, and the consequent 
uncertainty of provisions for the next reason was the cause 
of this arrangement, and I must confess I think this very 

2 H 2 

468 Records of the Cape Colony. 

inadequate to the loss of time and expenses incurred from the 
beginning of May until the middle of October, the time \^e 
arrived in the Zuureveldt (at Clanwilliam no rations were 

It appears also that some of my men have made remarks to 
Major Colebrooke upon the distribution of these rations to 
them. I can only declare that it is the first word of dissatis- 
faction I have ever heard on the subject, the rations were 
allowed to me as a part remuneration for the loss of time and 
disappointment at Clanwilliam, my servants never having 
suffered in any way by that expedition, and these rations I 
not only issued to my men as articled Servants, according to 
my agreement with them, but I always gave them more than 
the stipulated quantity. 

Major Colebrooke also informed me that these men stated 
I had an overplus from these Rations when I left the place ; 
that there were a few sheep left which I received as rations is 
true, but I doubt if these people informed Major Colebrooke 
of the Cattle I slaughtered in lieu of those sheep so left, or the 
quantity of rice and meal I purchased independent of the rations 
I received. These men were all paid according to the agreement 
I made with them in England, some at 2s. 6d. per day and some 
at Is. and a Soldier's ration, but I am convinced they at all 
times received one third more than that quantity, particularly 
of meat. On my leaving the place I gave them about 20 goats 
and sheep and three cows and calves. It has also been stated 
that I received a sum of money from some of them to allow- 
them to work for themselves with other masters, this was their 
own proposition, and a part of which I only deducted from their 
wages ; this was nothing adequate to the expence and money 
which I advanced them prior to their leaving England, and 
it was upon this ground I made this arrangement with them. 

Major Colebrooke's conversation and remarks seemed also 
to imply that I had turned my attention to the conveying of 
stores from Algoa Bay to the Frontier instead of pajdng 
attention to my location. It is true that after the Sowing 
Season I did go and send my waggons several times, but on 
two occasions without procuring any Loads, once after being 
absent ten days, and at another time fourteen or fifteen days. 
These waggons and oxen cost me upwards of 2000 RixdoUara, 

Records of the Cape Colony. 469 

and after the conveyance of these stores was let by contract, 
they did not fetch me half that sum when sold, so depreciated 
was this kind of property. 

With respect to what I had done on the place I beg to refer 
you to Mr. Dyason's return in 1822, and I think you will find 
by that return that I had about fourteen Acres of Land under 
Cultivation and about 90 head of Cattle on the place, besides 
Gk>ats and Sheep. 

Another remark Major Colebrooke made was my having 
charged Major Somerset with neglect in respect to locating me, 
as mentioned in my Statement. 

I do conceive that it was the duty of Major Somerset either 
to have answered my Letter, on my first arrival in the Zuure- 
veldt, or have sent someone to me if he was too much engaged 
to attend himself, and not have delayed taking any notice of 
m.e for three months. 

Major Somerset might have been much engaged I admit, 
but it must be recollected that the bustle of locating the 
Settlers generally was over many weeks before I arrived there. 
In reference to leaving my location, and my motives for 
doing so, I have stated very fully to you, Grentlemen, and if 
you should be of opinion that I have no cause of complaint 
for what has occurred to me in this Colony, I shall submit so 
far to that opinion as to refrain from expressing any sentiments 
of my own upon the subject. 

As I expect to arrange my affairs in this place finally to- 
morrow, I shall leave the Colony as soon after as possible. 

I have &c. 

(Signed) D. P. Francis. 

LeUer from Lord Charles Somerset to Earl Bathurst. 

Cafe of Good Hope, June Zrd 1824. 

My dear Lord, — I received Your Lordship's letter of the 
13th of March (private and confidential) yesterday Evening 

470 Mecords of the Cape Colony. 

and at the same time Your Dispatch conveying to me Your 
Lordship's decision relative to Lt. Col. Bird. 

I cannot but feel under considerable Obligation to Your 
Lordship for this Mark of Your Support of my Authority here. 

I propose to appoint Mr. Brink (the Asst. Secy.) to act as 
Secretary until the arrival of the Gentleman Your Lordship 
shall send out, who I shall anxiously expect and to whom Your 
Lordship may be assured, I wiU pay every Attention and aflford 
every Assistance. The Asst. Secretaryship will be filled by the 
Senior Clerk in the Office. 

I this morning communicated the Event to the Chief Justice 
in a private Note, whose Answer, coming as it does from a 
Man of the most respectable and upright Character, will evince 
to Your Lordship that I have not been actuated by any personal 
or unworthy motives. I therefore take the Liberty of enclosing 
a Copy of it. 

I have now only to assure Your Lordship that I entertain 
no acrimonious feelings towards Colonel Bird. His removal, 
with a view of the public Interests, was indispensable, but 
should he solicit a Provision in consideration of his long 
Services, it will aflford me Satisfaction, on accoimt of his 
Family, to hear that Your Lordship has recommended his 
prayer to His Majesty. I trust however that Your Lordship 
will pardon my suggesting that a Condition should be attached 
to any grant of that nature, rendering it forfeit if He meddles 
with the Aflfairs of this Government. This will be necessary, 
as may regard myself, my Successors or the Literests of the 
Colony. I have &c. 

(Signed) Charles Henry Somerset. 

[Enclosure in the above.] . 

Camp Ground, June 3rd 1824. 

My dear Lord, — ^Never could His Majesty have conferr'd 
a more serious mark of his paternal afiEection upon this 

I am sorry for those who suflfer in consequence of Colonel 
Bird's rema?ffal, but as to himself he is the Cause of his own 
fall by contriving that of Your Lordship* 

Records of the Cape Colony, 471 

The Face of things will undergo a remarkable Change, and 
thank God., Harmony will revive. I have &c. 

(Signed) J. A. Tbutee. 

To Sis Excellency Lord Charles Somerset. 

Letter from Lobd Charles Somerset to Earl Bathurst. 

Cafe or Good Hope, June 5th 1824^ 

My Ix)rd,- — I have the Honor to transmit to Your Lordship 

a Lietter I have this moment received from Mr. Brink (acting 

Colonial Secretary) transmitting one from Lt. Colonel Bird, 

wbich I do myself the Honor to forward to Your Lordship. 

I have &o. 

(Signed) CJharles Henry Somerset, 

Letter from F. G. Brine, Esqre., to Lord Charles Somerset. 

Saturday, 5 June 1824. 

My Lord, — I have this instant received the accompanying 
Letter from Colonel Bird, which I take the liberty of recom- 
mending to Your Lordship's favorable consideration. 

I remain &c. 
(Signed) P. G. Brink 


472 Records of the Cape Colony. 

LeUer from Lieutenant Colonel Bibd to P. G. Beink, Esqrb. 

Cape Town, Wh June 1824. 

My deab Sib, — Be so good as to represent to His Excellency 
the Grovemor that I have borne the fatal communication which, 
you made to me on Thursday with as much fortitude and 
resignation as I could muster consistently with the feelings 
excited by the thought that the decision involved in inex- 
tricable ruin a wife, nine children, and five sisters all totally 
dependent on me. The thought and indeed intimate per- 
suasion which I feel that it cannot be the intention of His 
Excellency or of His Majesty's Government always hitherto 
liberal, that after upwards of 30 years arduous Service (it is 
29 years since I was appointed with the present Sir H. Taylor 
Commissioner on the part of the British Government to the 
Royalist Army in La Vendee) I should in my old age and 
a cripple be cast upon the world penniless and without any 
provision whatever, induces me to request you will move His 
Excellency to take this case into early consideration with the 
view of allowing me a competent pension for my support in 
my retirement. I have been 17 years in the room you now 
occupy and you know and His Excellency knows the zeal, 
dihgence, and integrity which have guided me in the per- 
formance of duties often unpleasant always arduous. Be 
pleased to submit to His Excellency that the present repre- 
sentation is not meant in the shape of a murmur but that 
want compels it. I had anticipated and was in some measure 
prepared for the blow by the receipt by last mail of a Copy of 
a letter from Lord Grenville to my brother which contained 
Lord Bathurst's views and decision on my case, so that I had 
little hope it could be otherwise. 

Be pleased also to recall to His Excellency's recollection 
that when General Meade was removed from the Civil Service 
of this Government six months pay was allowed him to defray 
the expense of his return to Europe and I have no doubt His 
Excellency will see the justice of acceding to my request to 
receive that customary allowance. I remain &c. 

(Signed) C. Bird. 

Records of the Cape Colony. 473 


Letter from the Commissioners of Enquiry to 
Earl Bathtjrst. 

Cape Town, 6 June 1824. 
My liORD, — ^The accompanying memorials having been 
presented to us by Mr. Wm. Hart, setting forth his distressed 
situation out of the disappointment and losses he has sustained 
as an Emigrant Settler, and stating his inability either to return 
to his Tamily in England, or to provide the means of enabling 
tlieni to rejoin him in South Africa, we are induced to think 
tliat your Lordship will approve of our transmitting them, in 
the expectation that circumstances may admit of your Lord- 
ship's acceding to his wish, that his family may be provided 
with a passage to the Cape at the public expense. 

I^om the enquiries we have made respecting Mr. Hart, and 
the testimonials we have seen in his favor by General White, 
we have reason to believe, that his present situation is one of 
great distress, and that his character as an officer in His 
Majesty's Service was respectable. 

We propose to instruct Mr. Hart to direct his family to 
address their application to the Colonial Office, as he has 
omitted to furnish us with their address. We have &c. 

(Signed) John Thomas Biqge, 

William M. 6. Colebrookb, 

Letter from Mr. John Gregory to Mr. D. P. Francis. 

Cape Town, 5th June 1824. 
Sir, — I am directed by the Commissioners of Inquiry to 
acknowledge the receipt of your Letter dated 2nd Instant 
upon the subject of your Location in the District of Albany, 
and in adverting to the recent appointment of a Commissioner 
for adjusting the claims of the British Settlers, I am instructed 
to inform you that unless you submit to that Officer your 


474 Records of the Cape Colony. 

claim to the Location, or empower some one in the Colony to 
do so in your behalf, there is every probability that he will 
regard the Location as one that has been abandoned. 

I have &c. 

(Signed) John GBEGORr. 

Letter from P. G. Brink, Esqeb., to the Fiscal. 

Cape Town, 6 June 1824. 

Sir, — ^I have it in command from His Excellency the 
Governor to acknowledge the receipt of your letter of 
yesterday's date, stating that there is some suspicion of an 
infamous Placard which was posted up on Tuesday last being 
in the possession of Daniel Lee Servant to Mr. Wm. Edwards, 
and therefore requesting His Excellency's warrant for searching 
the House in which the said Lee lives, as well as any other 
house with which he stands connected, and I am to convey to 
you His Excellency's authority for the proposed search 
accordingly. I have &c. 

(Signed) P. G. Brink. 



Letter from the Chief Justice to the Acting Colonial 

Camp Gbound, June 7, 1824. 
Sir, — In reply to your letter of the 28th Ultimo enclosing 
Copy of a Memorial from several Merchants and Traders in 
Cape Town interested in the Sale of Drugs and Patent Medicines, 
representing the injury which they suflEer under the provision 
of the 5th Clause of the Proclamation of the 26th September 
1823 for the regulation of the Medical Practice, together with 
a copy of a Beport from the Colonial Medical Inspector, for 

Records of the Cape Colony, 475 

my opinion thereon : I beg leave to say for the information 
of His Excellency the Governor that the prohibition of the 
sale of all articles mjurious to the health of Individuals in 
Society rests upon inoontestible principles of justice. Not 
only Medicines, but other things of daily consumption, for 
instance Bread, Coffee, &c., are liable to become obnoxious 
by being spoiled. 

Therefore the ordering of an examination previous to 

revending Patent Medicines is a regular provision which 

suffers no contradiction. But as in all restrictive Laws, so 

also in this, the provision ought not to exceed the necessity 

of the measure. And therefore in the present case it is to be 

considered whether the 6th article of the Proclamation of the 

26th September last has curtailed more commercial Liberty 

in selling Patent Medicines than the object in view demanded ? 

In reply to which I beg leave to submit, that if Patent Medicines 

and those called Halsche, when in an unspoiled state, are once 

admitted as not injurious, and consequently vendible, there 

seems to be no further necessity for the Legislator than to 

ascertain that they are not spoiled, and this being ascertained 

to subject the vender only to a penalty in case he should be 

foimd to have vended either by wholesale or in retail any 

spoiled Patent or Halsche Medicines. 

As to the mode of examination the difficulty of Memorialists 
seems in my humble opinion obviated by the process pointed 
out by Dr. Barry, viz. the referring of the matter in case of 
doubt, on the part of the Merchants, to a competent Board. 

A material restriction on vending Patent and Halsche 
Medicines would appear to me to be that the retail should be 
limited to the Flask, Box, or other Vessel, in which those 
Medicines have been imported. 

It is entirely out of my way to enter into the particulars 
stated by Dr. Barry with respect to the vending of Medicines 
in the Country Districts, but as an Individual Member of 
Society, and a Magistrate, I must take the Hberty to observe 
that it is impossible to restrict the vending of Medicines in 
the Country Districts to regular Apothecaries, without exposing 
the Community there to material Injury. The distance from 
Towns and ViUages where only Apothecaries' shops are estab- 
lished, and the want of means with the poorer Class who are 

476 Becords of the Ca/pe Colowy. 

assisted gratis by their wealthier neighbours, strongly claim a 
liberation from that restraint which may justly be laid on the 
Inhabitants of Towns and Villages, provided the Medicines 
be bought by the vender from some regular Apothecary's 
Shop, or with respect to Patent and Halsche Medicines, from 
a Merchant after due examination. 

Our present Condition does not admit of more restrictions, 
even relative to Medical Practitioners at some distance from 
Towns and Villages, where the Medical Assistance cannot be 
restricted to Licensed Physicians or Surgeons. 

The Cases of Maladies might perhaps be circimiscribed, but 
general prohibition in parts at some distance would, as it did 
in the reign of Henry VIII, likely cause many of the King's 
subjects to perish for want of help. 

In addition to which it seems no immaterial observation 
that practicability is required as well in Legislation as in all 
other public matters. I have &c. 

(Signed) J. A. Tbxjtbb. 

[Office Copy.] 
LeUtr from Eabl Bathtjbst to Lord Charles Somerset. 

Downing Stbeet, London, 11^^ June 1824. 

My Lord, — I transmit to your Lordship herewith enclosed 
a correspondence which I have had with the Count Munster 
respecting the claim of the Reverend Mr. Hesse to the reim- 
bursement of the expences incurred by him in effecting his 
return to Europe ; and in conformity with the assurance 
which I have conveyed to the Count Munster, I have to desire 
that yoitt Lordship will report to me the amount of the allow- 
ance which it might be proper to make to the Reverend Mr. 
Hesse in reimbursement of the expences of his passage. 

I have &o. 

(Signed) Bathurst. 

JKecords of the Cape Colony. 477 

Letter from Mb. Thomas Pbingle to the Fiscal. 

Harrington House, Cape Town, June 11, 1824. 
Sir, — ^In consequence of being confidentially informed that 
a warrant from the Governor or the Court of Justice to seize 
or examine my papers was in your possession, I called at your 
office this morning to inquire if such was the case. The answer 
I received was so far from satisfactory that I feel it incumbent 
on me to address you on the subject in writing. 

I new request to be officially informed whether or not such 
a warrant has been granted against me ? K so, upon what 
grounds ? If it still exists ? If it is to continue hanging thus 
in terrorem ? And whether you wiQ inform me if it is to be 
executed or not ? 

Now, Sir, as I presume that you as an official servant of the 
British Government must act according to law and upon your 
own responsibility to law, I conceive I have a claim to demand of 
you an explicit answer to these questions, or at least to such 
of them as your official duty authorises you to answer. 

I take occasion to state that I am irrformed that no search 
warrant of the nature referred to can be lawfully issued except 
upon information upon oath against an individual, and as I am 
conscious that no such information could be justly given 
respecting me, I am resolved not to submit to this brand of 
public suspicion without calling to strict account the evidence 
or authority which has occasioned it. 

I have further to add that the extremely precarious state of 
my wife's health renders the apprehension even of such an 
intrusion upon my domestic peace and privacy not merely 
annoying in the highest degree, but in her situation dangerous 
even to extremity. 

Should therefore any fatal or calamitous result caosue (which 
I cannot calmly contemplate) I must know where to look for 
redress, if such a feeble term can express the results of Justice. 
But Sir, to evince my anxiety to court enquiry and to defy 
accusation, I beg to say that I am quite ready to submit my 
papers to the inspection of any impartial and honorable man, 
provided a distinct and sufficient cause can be shewn for such 

478 Records of the Cape Colony. 

inspection, for you cannot be ignorant that no British subjee1> 
wOl submit to such indignity upon light or trivial grounds, or 
without claiming in return full and immediate redress if found 
innocent. Requesting the favour of an early reply, 

I have &c. 

(Signed) Thos. Peinglb. 

[Office Copy.] 
Letter from Eakl Bathxjrst to Lord Charles Somerset. 

DowNiNO Street, London, \2lh June 1824. 
My Lord, — ^I transmit to your Lordship herewith enclosed 
a copy of a note which has been presented to His Majesty's 
Secretary of State for Foreign Affairs by the Prussian Minister 
resident at this Court claiming on behalf of a Minor a subject 
of His Prussian Majesty a sum of money which is stated to 
be now in the custody of the Weeskamer at the Cape of Good 
Hope, and as the Prussian Government have undertaken to 
furnish in due time a receipt from the Court of Justice at 
Berlin on behalf of the Minor for the sum in question, I have 
to desire that your Lordship will cause the amount thereof to 
be remitted to the Colonial Agent who will receive instructions 
for the disposal of it. I have &c. 

(Signed) Bathurst. 

Letter from George Harrison, Esqre., to 


Tbeasxtby Chambebs, \2th June 1824. 

Sir, — Having laid before the Lords Commissioners of His 
Majesty's Treasury your letter of the 1st April last, enclosing 
Copy of a Dispatch from Lord Charles Somerset requesting 

JRecords of the Cape Colony. 479 

instructions for his guidance with respect to the Security 
required by the standing regulations of his Lordship's 
Government from the Collector of Customs for the faithful 
discliarge of the trust reposed in that officer : I am commanded 
to acquaint you that My Lords entirely concur in opinion with 
Lord C5h.arles Somerset as to the propriety and expediency of 
requiring security from all officers appointed to Situations of 
pecuniary Trust in the Colonies, and My Lords are of opinion 
that all Persons who may be hereafter appointed at home to 
situations of this description should be required to give security 
here previously to their leaving this Country as was done in 
the case of the recent appointment of the Treasurer of the 
Mauritius ; and also that all Officers now holding offices of 
this description in any of the Colonies who may not have given 
Security should be called upon to do so ; but as it might be 
difficult for Individuals so circumstanced to find Persons in 
the Colonies in which they may be resident, who would be 
willing to become Security for them that a sufficient time 
shoidd in every such case be allowed to them to apply to their 
Friends in the United Eangdom for that purpose. And I am 
to acquaint you further that My Lords will direct the Com- 
missioners of Colonial Audit to report to them all the Persons 
holding situations of pecuniary Trust in the several Colonies 
under their cognizance, and also their opinion as to the Amount 
of the security which it may be proper to require from each 
officer with reference to the extent of his pecuniary Trust, in 
order that their Lordships in communication with Lord 
Bathurst may devise and establish some general regulations 
on this subject. I am, &c. 

(Signed) Geo. Harrison. 

Letter from the Fiscal to Mr. Thomas Pringle* 

Fiscal's Office, I2th June 1824. 

Sir, — In reply to your note of yesterday I beg leave to state 
that I cannot but refer you to the verbal answer I have given 


480 Records of the Cape Colony. 

to the questions which you thought proper to put to me 
yesterday morning. 

Whoever be your confidential informer I think that he is 
answerable for the information he has given you, and I 
therefore felt it incumbent to require your judicial evidence 
on this subject. I have &c. 

(Signed) D. Denyssen, Fiscal 


Records held before Walter Bentinck, Esqre., LL.D., Sitting 
Commissioner of the Worshipfvl the Court of Jitstice. 

On Saturday the I2th June 1824, 

D. Denyssen, Esqre., His Majesty's Fiscal, and Thomas 
Pringle having appeared before the Sitting Commissioner 
aforesaid, the Fiscal in exhibiting a letter addressed to him 
by said Pringle, stated, that in the beginning of the said letter 
it is communicated to him that he the said Pringle had been 
confidentially informed that he was in the possession of a 
warrant from the Governor or the Court of Justice, to seize 
and search his papers. 

That as similar informations of cases, should they exist, 
ought to remain secret, from its nature, and therefore can only 
originate from a foul channel, and subject the author to his 
prosecution, he had therefore deemed it his duty to cause the 
said Pringle to appear, for the purpose of stating the name of 
his informer. 

The said Pringle hereupon, after having been made 
acquainted with the Fiscal's introduction, made Oath and 
stated that he was a native of Scotland, and replied to the 
queries put to him by His Majesty's Fiscal as follows : 

1. Who is the confidential informer you received the infor- 
mation of alluded to in your letter now produced ? 

Reply. In the first place I wish to state previously, that 
I met many people in the streets some days ago who stated 
to me that it was reported as a rumour that my Papers are 
either to be searched, or were to be searched in consequence 
of a legal warrant. (This conversation I don't give as con- 

Records of the Cape Colony, 481 

fidential). Now I wish clearly to iinderstand, whether I am 
to give the names of those who stated the same to me. 

His Majesty's Fiscal hereupon stated that he, under the 
present circumstances, insisted that the appearer should state 
the name of and identity of the person who had com- 
municated these circumstances. 
On which the said Pringle stated : 

The Court will see that I am in a very unfavorable dilemma, 
and unless I am forced to mention the name of the person who 
told it to me, I shall not do so. Besides I should much like 
to know the means of compelling me to mention a thing, in 
case of my refusing to do so. 

On which the Fiscal observed to him that in case he persisted 
in not stating the name of the person who had communicated 
the same to him, he would be forced to do so by compulsory 

Said Pringle having hereupon asked the Fiscal to know, in 
what those compulsory means consisted, the Fiscal informed 
him that he would be compelled thereto by a Judicial Decree 
of Civil imprisonment. (Gyseling). 

Said Pringle then stated : The nature of the information 
the person gave led that a legal warrant was in the hands of 
His Majesty's Fiscal to search my Papers. I told the Gentle- 
man previously that I heard such report, and this Gentleman 
told me, he believed or guessed, that such a warrant did exist 
and advised me to see the Fiscal and ascertain it, which I 

The Fiscal's answer to my Interrogation appeared to be so 
equivocal, as to affirm my opinion that such a warrant did 

The reason why I thought so was, because I considered it 
the duty of a Magistrate to have the minds of persons in such 
apprehensions relieved, by distinctly denying its existence. 

The individual who gave me the information is A. Johnstone 
Jardine, and he gave it on these terms, wishing me to ascertain 
whether it be true or not. 

Of all which this record has been kept. 

Done at the Cape of Good Hope, die et anno ut supra. 

(Signed) W. Bentinok. 
XVII. 2 I 


482 Records of the Cape Colony, 

[Office Copy.] 
Letter from Eael Bathurst to Lord Somerset. 

Downing Stkekt, London, \Zth June 1824. 

No. 72, 2nd February ^^ LoRD, — I have the honor to acknow- 
„ 73, 24th „ ledge the receipt of your Lordship's dis- 
*» 74, „ „ patches of the numbers and dates noted in 
the margin. 

Your Lordship has not been mistaken in anticipating my 
sanction of your Proclamation of the 30th of January last which 
you had issued for the purpose of introducing the immediate 
use of the English Language into the inferior Coiuiis of the 
District of Albany ; and I have only to congratulate you on 
having already accompUshed this important measure in a 
district where its beneficial effects cannot fail to be duly 

With respect to the proposal contained in your Lordship's 
dispatch No. 73 for encreasing the Salary of the Secretary to 
the district of Stellenbosch, I have to acquaint your Lordship 
that although I am disposed to concur in the expediency of 
making some addition to the Salary of that Officer, yet I have 
to desire that such addition may not exceed what may be borne 
by the District, so as to avoid the necessity of having recourse 
to the Colonial Treasury. 

I have communicated to the Commissioners for auditing 
Colonial Accounts my sanction to the expenditure of 3400 Rix 
Dollars which has been incurred by your Lordship in 
constructing boats for service at the Kowie River. 

I have &c. 

(Signed) Bathurst. 

Office Copy.] 
Letter from Earl Bathurst to Lord Charles Somerset. 

Downing Street, London, \4ih June 1824. 

My dear Lord, — As much inconvenie